Gerald Wayne Timms v. Merrick B. Garland, Attorney General
DueProcess Patent JusticiabilityDoctri
Whether 18 U.S.C. § 4248, consistent with both substantive and procedural due process, can be read to permit a civil commitment order to remain in effect if the Attorney General unilaterally removes the committed person to serve a punitive sentence such that upon completion of that criminal sentence, the earlier civil commitment order remains in force without any further judicial oversight as is otherwise expressly required by § 4248.
Whether 18 U.S.C. § 4248, consistent with both substantive and procedural due process, can be read to permit a civil commitment order to remain in effect if the Attorney General unilaterally removes the committed person to serve a punitive sentence such that upon completion of that criminal sentence, the earlier civil commitment order remains in force without any further judicial oversight as is otherwise expressly required by § 4248