No. 25-5107

Markos Pappas v. United States

Lower Court: Second Circuit
Docketed: 2025-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bail-reform-act constitutional-challenge detention-conditions due-process federal-courts pretrial-detention
Key Terms:
AdministrativeLaw DueProcess FifthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Bail Reform Act of 1984 is facially unconstitutional due to its lack of maximum detention duration, minimum conditions standards, and periodic review rights

Question Presented (OCR Extract)

1. Whether the Bail Reform Act of 1984 (“BRA ”) is facially unconstitutional, and/or unconstitutional as-applied to Petitioner in this case based (individually or collectively) on the BRA ’s: (a) lack of a maximum duration on pretrial detention which results in arbitrariness and inconsistencies as to pretrial release in federal courts throughout the country, (b) lack of any requirements relative to a minimum standard of conditions and amenities to prevent pretrial detainees from being subject to conditions worse than sentenced federal prisoners and thus amounting to pre-conviction punishment, and (c) lack of an unqualified right of periodic review of whether continued detention is appropriate? PARTIES page.All parties relevant to the decision in issue in this petition are reflected on the caption ii

Docket Entries

2025-10-06
Petition DENIED.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-22
Waiver of United States of right to respond submitted.
2025-07-22
Waiver of right of respondent United States to respond filed.
2025-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)

Attorneys

Markos Pappas
Markos N. Pappas — Petitioner
Markos N. Pappas — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent