28 U.S.C. § 1258
Supreme Court of Puerto Rico; certiorari
Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
Notes of Decisions
Cited in 33
cases (1 in the last 5 years), 1963–2024 · leading case: Posadas De Puerto Rico Associates v. Tourism Co. of Puerto Rico
Posadas De Puerto Rico Associates v. Tourism Co. of Puerto Rico (1986)
“A federal statute, 28 U. S. C. § 1258 (2), specifically authorizes an appeal to this Court from a decision of the Supreme Court of Puerto Rico "where is drawn in question the validity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the…”
Examining Bd. of Engineers, Architects and Surveyors v. Flores De Otero (1976)
“The first decision was based upon the Court's practice to construe narrowly statutes authorizing appeals, and Congress' failure to provide a statute, parallel to 28 U. S. C. § 1258 , authorizing appeals from the Supreme Court of Puerto Rico under the same circumstances as…”
Calero-Toledo v. Pearson Yacht Leasing Co. (1974)
“We noted that 28 U. S. C. § 1258 , requiring that we permit final judgments of the Supreme Court of the Commonwealth of Puerto Rico to be reviewed by appeal or by certiorari, directly corresponded to the provisions of 28 U.”
Palmore v. United States (1973)
“That result has been codified in 28 U. S. C. § 1258 ; but, even so, the Balzac rationale was severely undermined in Fornaris , where we held that a statute passed by the legislature of Puerto Rico is not "a State statute" within the meaning of 28 U.”
David Efron v. Madeleine Candelario (2024)
“2005); see also 28 U.S.C. § 1258 . USCA11 Case: 23-10691 Document: 34-1 Date Filed: 08/02/2024 Page: 9 of 15 23-10691 Opinion of the Court 9 that denies a legal conclusion that a state court has reached in a case to which he was a party.”
Fornaris v. Ridge Tool Co. (1970)
“417 , 28 U. S. C. § 1258 , that “[f]inal judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico” may be reviewed by this Court by appeal, or by.”
Starlight Sugar, Inc. v. Soto (2001)
“…by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari.” 28 U.S.C. § 1258 .”
Oscar Cruz v. Melecio (2000)
“”); see also 28 U.S.C. § 1258 (providing for Supreme Court review of Puerto Rico court decisions).”
United States v. Laboy-Torres (2009)
“28 U.S.C. § 1258 ; 48 U.S.C. § 864 . In short, the constitutional and statutory protections accorded Puerto Ricans would foreclose the enforcement in Puerto Rico of statutes like the foreign laws the Small Court found troubling.”
Schneider v. Colegio De Abogados De Puerto Rico (1982)
“28 U.S.C. § 1258 (2), (3). Cf. Zacchini v.”
Carrier Corporation v. Hon. Julio Cesar Perez, Etc. (1982)
“28 U.S.C. § 1258 . Carrier is free to make all the arguments that it makes here in those proceedings before the courts of Puerto Rico, and, if appropriate, before the Supreme Court of the United States.”
Jake King v. Honorable Rogers C. B. Morton, Secretary of the Interior of the United States (1975)
“While Congress has provided for Supreme Court review of final judgments rendered by the Supreme Court of Puerto Rico, 28 U.S.C. § 1258 (1970), and of some judgments rendered by the Federal District Courts of the Canal Zone, Guam, and the Virgin Islands, 28 U.”
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