Supreme Court of the United States · Official docket →
Rai Martinez v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12981 · judgment September 25, 2025
Certiorari denied · February 23, 2026
Question presented
Whether 46 U.S.C. § 70502(d)(1)(C) exceeds Congress’s authority under the Felonies Clause by authorizing the United States to exercise criminal jurisdiction over foreign nationals for wholly foreign conduct on the high seas based solely on a foreign nation’s failure to “affirmatively and unequivocally” confirm a vessel’s nationality.
Counsel of record
For petitioner
Tracy M. Dreispul
Federal Public Defender, Southern District of FL
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 15 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 12 2026Waiver of right of respondent United States to respond filed.
- Dec 23 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2026)