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Berry v. United States

Docket No.25-833
Op. Below4th Cir.

Issue

Whether 18 U.S.C. § 4246(a), which exists as one of several statutes that collectively provide for the involuntary civil commitment of certain individuals in “the custody” of the federal government, exceeds the constitutional limits of Congress’s powers insofar as it permits the federal government to civilly commit a person who has not been convicted of a federal offense and whose federal criminal charge has already been dismissed.

Proceedings & orders timeline

Nov 21, 2025
Motion (25M50) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Nov 21, 2025
Petition for a writ of certiorari filed. (Response due February 13, 2026)
Dec 23, 2025
Motion (25M50) DISTRIBUTED for Conference of 1/9/2026.
Jan 12, 2026
Motion (25M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Feb 4, 2026
Brief amici curiae of Cato Institute, et al. filed.
Feb 6, 2026
Waiver of right of respondent United States to respond filed.
Feb 11, 2026
DISTRIBUTED for Conference of 2/27/2026.
Feb 11, 2026
Response Requested. (Due March 13, 2026)
Mar 6, 2026
Motion to extend the time to file a response from March 13, 2026 to April 13, 2026, submitted to The Clerk.
Mar 9, 2026
Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2026.
Apr 13, 2026
Brief of respondent United States in opposition filed.

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