Sec. 5. Appellate review
288 words·~1 min read·
/bill/113/s/1467/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Special Advocate may appeal any decision of the FISA Court 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 Special Advocate appeals a decision of the FISA Court pursuant to paragraph (1), the Special 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 decision appealed by the Special Advocate and issue a decision in such appeal. The standards for a mandatory review of a FISA Court 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 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 Special 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 Special Advocate shall have standing as a party.