[国会记录：2011年10月6日（参议院）] [第S6332-S6348]报表ON提出的法案和联合决议案通过范士丹女士：S. 1664法案修改标题28和10，美国码，允许某些情况下，调卷审查上诉武装部队美国法院驳回救济或审查;对司法委员会。范士丹女士。主席先生，今天我很高兴地介绍了公平正义的2011年我们的军事行为，这种行为消除允许现行法律的不公平军法审判现役军人谁的脸革职，解雇或监禁一年或更长时间，以寻求通过审查美国最高法院。在我们今天的民事法庭，所有的人被判定有罪的，如果失去了上诉，有上访美国最高法院复审裁量权。即使敌方战斗人员有直接上诉审查最高法院的权利。相比之下，然而，我们的男女军人不同意这种同样的权利。我们的军事人员有权上诉到美国最高法院的有限权利。 They can appeal to the U.S. Supreme Court only if the U.S. Court of Appeals for the Armed Forces, CAAF, actually conducts a review of their case or grants a petition for extraordinary relief. In other words, if the CAAF refuses to take their case, or denies their extraordinary relief petition, the servicemember has no right to further review in the Supreme Court. For fiscal years 2008 through 2010, the CAAF denied a total of 2230 petitions for review. The CAAF also averages about 20 denials of extraordinary relief petitions every year. Taken together, this means that there are more than 750 court-martial decisions per year in which servicemembers are denied the opportunity to seek certiorari from the Supreme Court. In addition to this disparity between our civilian and military court systems, there is another disparity within the military court system itself. The government may petition the Supreme Court for review of adverse court-martial rulings in any case where the charges are severe enough to make a punitive discharge possible. But servicemembers do not have the same rights to petition the Supreme Court that the military prosecutors on the other side of the aisle have. The bill I am introducing today is a simple one, which would correct these inequities. It would allow servicemembers whose appeals are denied review by the U.S. Court of Appeals for the Armed Forces, or who were denied extraordinary relief, the opportunity to seek review of those decisions by writ of certiorari to the U.S. Supreme Court. While this legislation would provide a fairer legal process for servicemembers, it would not unduly burden the military or the Supreme Court. As noted in the 2010 House Judiciary Committee Report on the legislation, the expanded Supreme Court review of court-martial decisions authorized by the legislation would result in only about 80- 120 additional petitions for certiorari each year. Additionally, the Congressional Budget Office has estimated that the increased workload for Department of Defense attorneys and Supreme Court clerks would cost less than $1 million each year. Every day, our U.S. service personnel place their lives on the line in defense of American rights. It is unacceptable for us to continue to routinely deprive our men and women in uniform of one of those rights-- the ability to petition their Nation's highest court for direct relief. It is a right given to common criminals in our civilian courts, to the Government, and even to some of the terrorists who we hope to prosecute as war criminals. It is long past time we give them the same rights as the American citizens they fight, and sometimes die, to protect. I urge my colleagues to support this important legislation to give equal justice to our U.S. servicemembers. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 1664 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Justice for Our Military Act of 2011''. SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES. (a) In General.--Section 1259 of title 28, United States Code, is amended (1) in paragraph (3), by inserting ``or denied'' after ``granted''; and (2) in paragraph (4), by inserting ``or denied'' after ``granted''. (b) Technical and Conforming Amendments.-- (1) Title 10.--Section 867a(a) of title 10, United States Code, is amended by striking ``The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Appeals for the Armed Forces in refusing to grant a petition for review.''. (2) Time for application for writ of certiorari.--Section 2101(g) of title 28, United States Code, is amended to read as follows: ``(g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court.''. SEC. 3. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act and shall apply to any petition granted or denied by the United States Court of Appeals for the Armed Forces on or after that effective date. (b) Authority to Prescribe Rules.--The authority of the Supreme Court to prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by section 2(b)(2) of this Act, shall take effect on the date of the enactment of this Act. ______