No. 25-7371October Term 2025Petition Pending
Travis McMichael, Petitioner v. United States
Travis McMichael asks the Supreme Court to review a federal criminal case from the Eleventh Circuit.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
Travis McMichael asks the Supreme Court to review a federal criminal case from the Eleventh Circuit. His petition argues that the federal government lacked a sufficient connection to interstate commerce and that, under Georgia property law, the neighborhood streets involved were not public roads administered by Glynn County.
Question presented
1. Treating automobiles as per se instrumentalities of interstate commerce exceeds the outer limits of congressional commerce power and obliterates the distinction between what is national and what is local. 2. Since there is no federal common law concerning property rights, the Court should consider Georgia law demonstrating that Glynn County did not accept the dedication for public use of neighborhood streets. That law, coupled with the evidence presented by the government, establishes that Glynn County did not provide or administer the neighborhood streets.
- Case path
United States Court of Appeals for the Eleventh Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Travis McMichael asks the Supreme Court to review a federal criminal case from the Eleventh Circuit. He argues that the federal government lacked a sufficient link to interstate commerce and that Georgia property law shows the neighborhood streets were not public roads administered by Glynn County.
Argument
The petition has been filed, but oral argument has not been scheduled. McMichael argues that treating automobiles as automatic instruments of interstate commerce goes beyond Congress's constitutional power and that Georgia law governs the status of the streets.
Impact
The case could affect how the federal government establishes its authority in criminal cases involving automobiles and local streets. For example, people prosecuted under a federal law could point to the decision when disputing whether conduct had enough connection to interstate commerce.
What is at stake in McMichael v. United States?
McMichael challenges the federal government's claimed connection between the case and interstate commerce. He also disputes whether the neighborhood streets were public county-administered roads.
Who could be affected by McMichael's commerce-power challenge?
People facing federal criminal charges involving automobiles or local streets could be affected. Federal prosecutors could also face limits on how they establish interstate-commerce connections.
What happens next in McMichael v. United States?
The Supreme Court will consider whether to grant certiorari, meaning it agrees to hear the case. Oral argument has not been scheduled.
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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
- Sep 3, 2026
- Method
- Methodology