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Since 2005, federal legislation has been introduced in the 109th Congress, 110th Congress, 111th Congress, 112th Congress, 113th Congress, 114th Congress, and 115th Congresses to amend Title 28 United States Code section 1259 to allow members of the United States Armed Forces to appeal court-martial convictions when the Court of Appeals for the Armed Forces denies a petition for grant of review or extraordinary relief. In the 112th Congress the Equal Justice for Our Military Act of 2011, H.R. 3133 was introduced in the House of Representatives and the Equal Justice for Our Military Act of 2011, S. 1664 was introduced in the Senate. No actions were taken on either bill.A version of the bill was re-introduced by Rep. Susan A. Davis (D-Calif.) yearly until the year before her departure from Congress in 2021. The law was eventually changed as part of the National Defense Authorization Act for Fiscal Year 2024. However, the Supreme Court still lacks administrative authority over the CAAF, including over contempt of court and attorney discipline cases. Advocates continue to argue for an expansion of the Supreme Court's jurisdiction to hear these matters.
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