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Berry v. United States

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-833 4th Cir. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders (key to color coding)
11/21/2025Motion (25M50) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
11/21/2025Petition for a writ of certiorari filed. (Response due February 13, 2026)
12/23/2025Motion (25M50) DISTRIBUTED for Conference of 1/9/2026.
01/12/2026Motion (25M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
02/04/2026Brief amici curiae of Cato Institute, et al. filed.
02/06/2026Waiver of right of respondent United States to respond filed.
02/11/2026DISTRIBUTED for Conference of 2/27/2026.
02/11/2026Response Requested. (Due March 13, 2026)
03/06/2026Motion to extend the time to file a response from March 13, 2026 to April 13, 2026, submitted to The Clerk.
03/09/2026Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2026.
04/13/2026Brief of respondent United States in opposition filed.