No. 20-7910

Johvanny Aybar-Ulloa v. United States

Lower Court: First Circuit
Docketed: 2021-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-i-section-8-clause-10 congress-authority congressional-authority constitutional-interpretation felony-jurisdiction high-seas international-law maritime-drug-law-enforcement-act maritime-law statelessness universal-jurisdiction vessel-status
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether Congress's authority to define and punish felonies committed on the high seas is unconstrained by Article I, § 8, cl. 10 to the United States Constitution merely because the vessel is deemed 'stateless'

Question Presented (from Petition)

QUESTIONS PRESENTED L. Whether Congress’s authority to define and punish felonies committed on the high seas is unconstrained by Article I, § 8, cl. 10 to the United States Constitution merely because the vessel is deemed “stateless”, as the en banc Court of Appeals for the First Circuit held, and further, if either that construction of international law is incorrect or Congress’s authority is not so expanded by international law, whether Congress exceeded the limited authority granted under Article I, § 8 cl. 10 when enacting the Maritime Drug Law Enforcement Act? i

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-05-07
Waiver of right of respondent United States to respond filed.
2021-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2021)

Attorneys

Johvanny Aybar-Ulloa
Heather Ann ClarkClark Law Office, Petitioner
Heather Ann ClarkClark Law Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent