Supreme Court of the United States · Official docket →
Derick Irisha Brown v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10870 · judgment December 31, 2025
(petition-stage, structural)
About 2× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a petition of 3,000 to 6,000 words.
Question presented
18 U.S.C. § 1201(a)(1) makes kidnapping a federal offense where the defendant uses “any means, facility, or instrumentality of interstate or foreign commerce.” The Question Presented is whether an automobile is per se an instrumentality of interstate commerce, which would make a federal offense of every kidnapping involving an automobile.
Counsel of record
For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- Sep 30 2026DISTRIBUTED for Conference of 10/16/2026.
- Sep 21 2026Reply of petitioner Derick Irisha Brown filed.
- Sep 11 2026Brief of respondent United States in opposition filed.
- Aug 31 2026Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2026.
- Aug 28 2026Motion to extend the time to file a response from September 2, 2026 to September 11, 2026, submitted to The Clerk.
- Jul 24 2026Motion to extend the time to file a response is granted and the time is further extended to and including September 2, 2026.
- Jul 22 2026Motion to extend the time to file a response from August 3, 2026 to September 2, 2026, submitted to The Clerk.
- Jul 02 2026Brief amicus curiae of Professor Randy E. Barnett filed.
- Jul 02 2026Brief amicus curiae of Cato Institute filed.
- Jun 25 2026Motion to extend the time to file a response is granted and the time is extended to and including August 3, 2026.
- Jun 23 2026Motion to extend the time to file a response from July 2, 2026 to August 3, 2026, submitted to The Clerk.
- May 21 2026Petition for a writ of certiorari filed. (Response due July 2, 2026)