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Derrick Murphy v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 23-3817 · judgment March 18, 2025
Question presented
In 2014 the Supreme Court ruled unconstitutional as applied §229, criminal provisions of the Chemical Weapons Convention Implementation Act.(See Bond v U.S 12-158) Also in that case Justice Thomas stated... "There will come a case where this court will have to decide the constitutionally of statutes implementing treaties and the use of the dictum in Missuri v Holland". The Protect Act which amended the Mann Act, who’s orgins also came from a 1904 international treaty on forced prostitution, but got most of it’s wording from sections of the 1907 Immigration Act. The Protect Act was not created to promote a national interest, or issues that the states could not resolve with it’s own penal legislation. It was created because .the federal governments belief that using the Necessary & Proper Clause, to pass implementing legislation, on the grounds that the treaty power is exempt from the 10E Amendment. These type of statutes have been used to invalidate state age of consent laws, sending thousands to prison for decades. It's time for the Supreme Court to confront Missouri v Holland and also declare that consensual sexual activity"that is not commercial and between two people who are the age of consent in that state is protected by the Constitution. QUESTIONS PRESENTED ARE: 1. Do constitutional structural limits on federal authority impose constraints on the scope of Congress authority to enact legislation to implement a valid treaty,at least in circumstances where the federal statute, as applied, intrudes on the traditional state prerogatives, and is concededly unnecessary to satify the government's treaty obligations ?
Counsel of record
For petitioner
Derrick Murphy
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 30 2025Waiver of right of respondent United States to respond filed.
- Jun 05 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)