Sec. 6. Appellate review
307 words·~1 min read·
/bill/113/hr/3228/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Constitutional Advocate may appeal any decision of the FISA Court or the petition review pool issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment. If the Constitutional Advocate appeals a decision of the FISA Court or the petition review pool pursuant to paragraph (1), the Constitutional Advocate shall have standing as a party before the FISA Court of Review in such appeal.
The FISA Court of Review shall review any FISA Court or petition review pool decision appealed by the Constitutional Advocate and issue a decision in such appeal. The standards for a mandatory review of a FISA Court or petition review pool decision pursuant to paragraph
(3)shall be— de novo with respect to issues of law; and clearly erroneous with respect to determination of facts. The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph
(3)and shall provide for amicus curiae participation in oral argument if appropriate. Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae. The Constitutional Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review. In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph
(1)and any proceedings in a matter for which certiorari is granted, the Constitutional Advocate shall have standing as a party.