No. 25-6691

Nedry McLean v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-02-02
Status: Pending
Type: IFP
Response WaivedIFP
Tags: article-i-powers due-process felonies-clause foreign-prosecution maritime-drug-law vessel-nationality
Key Terms:
DueProcess FifthAmendment SecondAmendment
Latest Conference: 2026-02-27
Question Presented (from Petition)

1. Whether the Maritime Drug Law Enforcement Act (MDLEA) exceeds Congress's Article I powers, particularly where the MDLEA is extended to the prosecution of a foreign citizen whose offense had no nexus to the United States?

2. Whether Congress exceeded its authority under the Felonies Clause by defining a "vessel without nationality" to include vessels that are not stateless under international law?

3. Whether the prosecution under the MDLEA of a foreign citizen whose offense had no nexus to the United States, violates the Due Process Clause of the Fifth Amendment?

Question Presented (AI Summary)

Whether the Maritime Drug Law Enforcement Act (MDLEA) exceeds Congress's Article I powers and violates due process when prosecuting foreign citizens with no U.S. nexus

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-09
Waiver of United States of right to respond submitted.
2026-02-09
Waiver of right of respondent United States to respond filed.
2026-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2026)

Attorneys

Nedry McLean
David Christopher HardyThe Hardy Law Firm, P.A., Petitioner
United States
D. John SauerSolicitor General, Respondent