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Section 3. This section modifies 28 U.S.C, 1254 which governs the Supreme Court's jurisdiction over cases arising from the courts of appeals. Subsection (2} of that section is deleted. That subsection provides for obligatory appellate jurisdiction where the court of appeals has found a state statute to be invalid as repugnant to the Constitution, treaties or laws of ; . es : the United States. Review is limited to Federal questions. There is nothing which makes these cases, as a class, different from other cases in the courts of appeals. While there is some aura of federalism about the provision the same "state's rights" arguments could be made about habeas corpus cases, invalidation of state regulations, and many prisoners’ rights cases. Cases presently appealed under subsection (2) would now be brought by writ of certiorari under subsection (1). Section 4. This section modifies 28 U.S.C. 1257. Currently that section provides for obligatory jurisdiction for cases from the -highest available state court when the state decision invalidated a statute or treaty of the United States or when a state statute was found to be repugnant to the Constitution or a treaty or law of the United States. The section also provides for certiorari jurisdiction when any state statute or federal treaty or law is questioned on federal grounds. The changes made in the section simply eliminate appellate jurisdiction and substitute certiorari jurisdiction. The theory is similar to those previously expressed: there is no particular reason to believe that these cases, as a Class, are more sigqni- ficant than other cases arising in state courts or, for that matter, in the federal courts. Section 5. This section modifies 28‘'U.S.C..1258. That section is virtually identical to 28 U.S.C. 1257 except that it applics only to cases from the Supreme Court of Puerto Rico. The chances Made are the same as those made to 28 U.S.C. 1258 and the result is the same. Section 6. This section makes conforming changes to the caption ‘at the beginning of charter 31. In addition it is likely that some other technical changes will have to be made to delete references to 28 U.S.C. 1252 which would be renealed by section She a ee Ss eee ee ee Speascis ew 2 of this proposal.