No. 25-1238October Term 2025Before Arguments
Martin Mizrahi, Petitioner v. United States
from the United States Court of Appeals for the Second Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Second Circuit.
Question presented
Whether Libretti should be overruled.
- Case path
United States Court of Appeals for the Second Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Martin Mizrahi has filed a petition asking the Supreme Court to revisit Libretti v. United States, a 1995 case that said the Sixth Amendment does not require a jury to decide criminal forfeiture (taking property as part of a criminal sentence). He says later cases, including Apprendi and Southern Union, point the other way when extra punishment depends on added fact-finding.
Argument
The case is at the certiorari (the Court's decision whether to hear it) stage, and no oral argument has been scheduled. The petition says Libretti conflicts with Apprendi and Southern Union, but no substantive justice or advocate reactions are available yet.
Impact
If the Court takes the case and changes the rule, defendants could argue that juries — not judges alone — must find the facts needed for forfeiture. That could matter when the government seeks money or property as part of a criminal sentence.
What is at stake in Martin Mizrahi v. United States?
The petition asks whether the Court should overrule Libretti, a 1995 case on jury rights in criminal forfeiture. Mizrahi says later cases weakened that rule.
Who could be affected if the Court changes the rule in Mizrahi?
Defendants facing forfeiture in federal criminal cases could argue that a jury must decide key facts. That could reshape money or property penalties.
What happens next in Martin Mizrahi v. United States?
The justices will decide whether to hear the case. No oral argument is scheduled, and no decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology