U.S. V. Lopez, 514 U.S. 549 (1995) (Pdf) Download

U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24

KeyCite Yellow Flag - Negative Treatment West Headnotes (6) Superseded by Statute as Stated in Huff v. TeleCheck Services, Inc., 6th Cir. (Tenn.), May 3, 2019 115 S.Ct. 1624 [1] Commerce Commerce among the states Supreme Court of the United States 83 Commerce 83I Power to Regulate in General UNITED STATES, Petitioner 83k2 Constitutional Grant of Power to Congress 83k5 Commerce among the states v. Test for determining whether activity is within Alfonso LOPEZ, Jr. Congress' power to regulate under commerce clause is whether it substantially affects interstate No. 93–1260. commerce. U.S.C.A. Const. Art. 1, § 8, cl. 3. | Argued Nov. 8, 1994. 565 Cases that cite this headnote | Decided April 26, 1995. [2] Commerce Commerce among the states 83 Commerce Synopsis 83I Power to Regulate in General Defendant was convicted in the United States District 83k2 Constitutional Grant of Power to Congress Court for the Western District of Texas, H.F. Garcia, J., of 83k5 Commerce among the states possessing firearm in school zone in violation of Gun-Free Where economic activity substantially affects School Zones Act, and he appealed. The Court of Appeals interstate commerce, federal legislation for the Fifth Circuit, Garwood, Circuit Judge, 2 F.3d 1342, regulating that activity will be sustained. reversed and remanded with directions, and government U.S.C.A. Const. Art. 1, § 8, cl. 3. petitioned for certiorari review. After granting certiorari, 114 S.Ct. 1536, the United States Supreme Court, Chief Justice 596 Cases that cite this headnote Rehnquist, held that Gun-Free School Zones Act, making it federal offense for any individual knowingly to possess [3] Criminal Law States firearm at place that individual knows or has reasonable cause to believe is school zone, exceeded Congress' commerce States Police power clause authority, since possession of gun in local school zone 110 Criminal Law was not economic activity that substantially affected interstate 110I Nature and Elements of Crime commerce. 110k2 Power to Define and Punish Crime 110k5 States 360 States Affirmed. 360I Political Status and Relations 360I(A) In General Justice Kennedy filed concurring opinion in which Justice 360k4.4 Powers Reserved to States O'Connor joined. 360k4.4(2) Police power Under federal system, states possess primary Justice Thomas filed concurring opinion. authority for defining and enforcing criminal law. Justices Stevens and Souter filed dissenting opinions. 46 Cases that cite this headnote Justice Breyer filed dissenting opinion, in which Justices Stevens, Souter and Ginsburg joined. [4] Commerce Weapons and explosives Weapons Violation of other rights or provisions 83 Commerce

83II Application to Particular Subjects and 83k82.20 Subjects and regulations in general Methods of Regulation Congressional authority under commerce clause 83II(K) Miscellaneous Subjects and Regulations to regulate numerous commercial activities that 83k82.50 Weapons and explosives substantially affect interstate commerce and also 406 Weapons affect educational process, though broad, does 406I In General not include authority to regulate each and every 406k102 Constitutional, Statutory, and aspect of local schools. U.S.C.A. Const. Art. 1, Regulatory Provisions § 8, cl. 3. 406k106 Validity 406k106(4) Violation of other rights or provisions 987 Cases that cite this headnote (Formerly 406k3) Gun-Free School Zones Act, which makes it federal offense for any individual knowingly to possess firearm in place that individual believes or has reasonable cause to believe is school zone, West Codenotes exceeded Congress' commerce clause authority; Prior Version Held Unconstitutional Act was criminal statute that by its terms 18 U.S.C.A. § 922(q)(1)(A). had nothing to do with “commerce” or any sort of economic enterprise, however broadly defined; possession of gun in local school zone **1625 *549 Syllabus* was not economic activity that might, through repetition elsewhere, substantially affect any sort * The syllabus constitutes no part of the opinion of the of interstate commerce; and statute contained Court but has been prepared by the Reporter of Decisions no jurisdictional element to ensure, through for the convenience of the reader. See United States v. case-by-case inquiry, that possession of firearm Detroit Lumber Co., 200 U.S. 321, 337, 26 S.Ct. 282, had any concrete tie to interstate commerce. 287, 50 L.Ed. 499. U.S.C.A. Const. Art. 1, § 8, cl. 3; 18 U.S.C.(1988 After respondent, then a 12th–grade student, carried a Ed.) § 922(q)(1)(A). concealed handgun into his high school, he was charged with violating the Gun–Free School Zones Act of 1990, which 1629 Cases that cite this headnote forbids “any individual knowingly to possess a firearm at a place that [he] knows ... is a school zone,” 18 U.S.C. § [5] Commerce Commerce among the states 922(q)(1)(A). The District Court denied his motion to dismiss 83 Commerce the indictment, concluding that § 922(q) is a constitutional 83I Power to Regulate in General exercise of Congress' power to regulate activities in and 83k2 Constitutional Grant of Power to Congress affecting commerce. In reversing, the Court of Appeals 83k5 Commerce among the states held that, in light of what it characterized as insufficient Congress normally is not required to make congressional findings and legislative history, § 922(q) is formal findings as to substantial burdens that invalid as beyond Congress' power under the Commerce activity has on interstate commerce to establish Clause. constitutionality of legislation under commerce clause. U.S.C.A. Const. Art. 1, § 8, cl. 3. Held: The Act exceeds Congress' Commerce Clause authority. First, although this Court has upheld a wide 288 Cases that cite this headnote variety of congressional Acts regulating intrastate economic activity that substantially affected interstate commerce, the [6] Commerce Subjects and regulations in possession of a gun in a local school zone is in no sense an general economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce. Section 83 Commerce 83II Application to Particular Subjects and 922(q) is a criminal statute that by its terms has nothing to do Methods of Regulation with “commerce” or any sort of economic enterprise, however 83II(K) Miscellaneous Subjects and Regulations broadly those terms are defined. Nor is it an essential part of a

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 2 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 larger regulation of economic activity, in which the regulatory connected in any way to interstate commerce. We hold that scheme could be undercut unless the intrastate activity were the Act exceeds the authority of Congress “[t]o regulate regulated. It cannot, therefore, be sustained under the Court's Commerce ... among the several States....” U.S. Const., Art. cases upholding regulations of activities that arise out of or I, § 8, cl. 3. are connected with a commercial transaction, which, viewed in the aggregate, substantially affects interstate commerce. On March 10, 1992, respondent, who was then a 12th–grade Second, § 922(q) contains no jurisdictional element that student, arrived at Edison High School in San Antonio, Texas, would ensure, through case-by-case inquiry, that the firearms carrying a concealed .38–caliber handgun and five bullets. possession in question has the requisite nexus with interstate Acting upon an anonymous tip, school authorities confronted commerce. Respondent was a local student at a local school; respondent, who admitted that he was carrying the weapon. there is no indication that he had recently moved in interstate He was arrested and charged under Texas law with firearm commerce, and there is no requirement that his possession of possession on school premises. See Tex.Penal Code Ann. the firearm have any concrete tie to interstate commerce. To § 46.03(a)(1) (Supp.1994). The next day, the state charges uphold the Government's contention that § 922(q) is justified were dismissed after federal agents charged respondent by because firearms possession in a local school zone does complaint with violating the Gun–Free School Zones Act of indeed substantially affect interstate commerce would require 1990. 18 U.S.C. § 922(q)(1)(A) (1988 ed., Supp. V).1 this Court to pile inference upon inference in a manner that would bid fair to convert congressional Commerce Clause 1 The term “school zone” is defined as “in, or on the *550 authority to a general police power of the sort held only grounds of, a public, parochial or private school” or by the States. Pp. 1626–1634. “within a distance of 1,000 feet from the grounds of a public, parochial or private school.” § 921(a)(25). 2 F.3d 1342, (CA5 1993), affirmed. A federal grand jury indicted respondent on one count of knowing possession of a firearm at a school zone, in violation REHNQUIST, C.J., delivered the opinion of the Court, in of § 922(q). Respondent moved to dismiss his federal which O'CONNOR, SCALIA, KENNEDY, and THOMAS, indictment on the ground that § 922(q) “is unconstitutional as JJ., joined. KENNEDY, J., filed a concurring opinion, in it is beyond the power of Congress to legislate control over which O'CONNOR, J., joined, post, p. 1634. THOMAS, J., our public schools.” The District Court denied the motion, filed a concurring opinion, post, p. 1642. STEVENS, J., post, concluding that § 922(q) “is a constitutional exercise of p. 1651, and SOUTER , J., post, p. 1651, filed dissenting Congress' well-defined power to regulate activities in and opinions. BREYER, J., filed a dissenting opinion, in which affecting *552 commerce, and the ‘business' of elementary, STEVENS, SOUTER, and GINSBURG, JJ., joined, post, p. middle and high schools ... affects interstate commerce.” App. 1657. to Pet. for Cert. 55a. Respondent waived his right to a jury trial. The District Court conducted a bench trial, found him Attorneys and Law Firms guilty of violating § 922(q), and sentenced him to six months' imprisonment and two years' supervised release. Drew S. Days, III, New Haven, CT, for petitioner. On appeal, respondent challenged his conviction based John R. Carter, Georgetown, TX, for respondent. on his claim that § 922(q) exceeded Congress' power Opinion to legislate under the Commerce Clause. The Court of Appeals for the Fifth Circuit agreed and reversed respondent's **1626 *551 Chief Justice REHNQUIST delivered the conviction. It held that, in light of what it characterized as opinion of the Court. insufficient congressional findings and legislative history, “section 922(q), in the full reach of its terms, is invalid as In the Gun–Free School Zones Act of 1990, Congress made it beyond the power of Congress under the Commerce Clause.” a federal offense “for any individual knowingly to possess a 2 F.3d 1342, 1367–1368 (1993). Because of the importance firearm at a place that the individual knows, or has reasonable of the issue, we granted certiorari, 511 U.S. 1029, 114 S.Ct. cause to believe, is a school zone.” 18 U.S.C. § 922(q)(1)(A) 1536, 128 L.Ed.2d 189 (1994), and we now affirm. (1988 ed., Supp. V). The Act neither regulates a commercial activity nor contains a requirement that the possession be

We start with first principles. The Constitution creates a the exclusively internal commerce of a State.” Id., at 194– Federal Government of enumerated powers. See Art. I, § 195. 8. As James Madison wrote: “The powers delegated by the proposed Constitution to the federal government are few and For nearly a century thereafter, the Court's Commerce Clause defined. Those which are to remain in the State governments decisions dealt but rarely with the extent of Congress' are numerous and indefinite.” The Federalist No. 45, pp. 292– power, and almost entirely with the Commerce Clause as a 293 (C. Rossiter ed. 1961). This constitutionally mandated limit on state legislation that discriminated against interstate division of authority “was adopted by the Framers to ensure commerce. See, e.g., Veazie v. Moor, 14 How. 568, 573–575, protection of our fundamental liberties.” Gregory v. Ashcroft, 14 L.Ed. 545 (1853) (upholding a state-created steamboat 501 U.S. 452, 458, 111 S.Ct. 2395, 2400, 115 L.Ed.2d monopoly *554 because it involved regulation of wholly 410 (1991) (internal quotation marks omitted). “Just as the internal commerce); Kidd v. Pearson, 128 U.S. 1, 17, 20– separation and independence of the coordinate branches of 22, 9 S.Ct. 6, 9–10, 32 L.Ed. 346 (1888) (upholding a the Federal Government serve to prevent the accumulation state prohibition on the manufacture of intoxicating liquor of excessive power in any one branch, a healthy balance of because the commerce power “does not comprehend the power between the States and the Federal Government will purely internal domestic commerce of a State which is reduce the risk of tyranny and abuse from either front.” Ibid. carried on between man and man within a State or between different parts of the same State”); see also L. Tribe, American The Constitution delegates to Congress the power “[t]o Constitutional Law 306 (2d ed. 1988). Under this line of regulate Commerce with foreign Nations, and among the precedent, the Court held that certain categories of activity several States, and with the Indian Tribes.” *553 Art. I, § 8, such as “production,” “manufacturing,” and “mining” were cl. 3. The Court, through Chief Justice Marshall, first defined within the province of state governments, and thus were the nature of Congress' **1627 commerce power in Gibbons beyond the power of Congress under the Commerce Clause. v. Ogden, 9 Wheat. 1, 189–190, 6 L.Ed. 23 (1824): See Wickard v. Filburn, 317 U.S. 111, 121, 63 S.Ct. 82, 87, 87 L.Ed. 122 (1942) (describing development of Commerce “Commerce, undoubtedly, is traffic, but it is something Clause jurisprudence). more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its In 1887, Congress enacted the Interstate Commerce Act, branches, and is regulated by prescribing rules for carrying 24 Stat. 379, and in 1890, Congress enacted the Sherman on that intercourse.” Antitrust Act, 26 Stat. 209, as amended, 15 U.S.C. § 1 et The commerce power “is the power to regulate; that is, to seq. These laws ushered in a new era of federal regulation prescribe the rule by which commerce is to be governed. This under the commerce power. When cases involving these power, like all others vested in congress, is complete in itself, laws first reached this Court, we imported from our negative may be exercised to its utmost extent, and acknowledges Commerce Clause cases the approach that Congress could no limitations, other than are prescribed in the constitution.” not regulate activities such as “production,” “manufacturing,” Id., at 196. The Gibbons Court, however, acknowledged that and “mining.” See, e.g., United States v. E.C. Knight Co., limitations on the commerce power are inherent in the very 156 U.S. 1, 12, 15 S.Ct. 249, 253–254, 39 L.Ed. 325 (1895) language of the Commerce Clause. (“Commerce succeeds to manufacture, and is not part of it”); Carter v. Carter Coal Co., 298 U.S. 238, 304, 56 S.Ct. “It is not intended to say that these words comprehend that 855, 869, 80 L.Ed. 1160 (1936) (“Mining brings the subject commerce, which is completely internal, which is carried matter of commerce into existence. Commerce disposes of on between man and man in a State, or between different it”). Simultaneously, however, the Court held that, where the parts of the same State, and which does not extend to or interstate and intrastate aspects of commerce were so mingled affect other States. Such a power would be inconvenient, together that full regulation of interstate commerce required and is certainly unnecessary. incidental regulation of intrastate commerce, the Commerce “Comprehensive as the word ‘among’ is, it may very Clause authorized such regulation. See, e.g., Shreveport Rate properly be restricted to that commerce which concerns Cases, 234 U.S. 342, 34 S.Ct. 833, 58 L.Ed. 1341 (1914). more States than one.... The enumeration presupposes something not enumerated; and that something, if we In A.L.A. Schechter Poultry Corp. v. United States, 295 regard the language, or the subject of the sentence, must be U.S. 495, 550, 55 S.Ct. 837, 851–52, 79 L.Ed. 1570

(1935), the Court struck down regulations that *555 In Wickard v. Filburn, the Court upheld the application of fixed the hours and wages of individuals employed by amendments to the Agricultural Adjustment Act of 1938 to an intrastate business because the activity being regulated the production and consumption of homegrown wheat. 317 related to interstate commerce only indirectly. In doing so, U.S., at 128–129, 63 S.Ct., at 90–91. The Wickard Court the Court characterized the distinction between **1628 explicitly rejected earlier distinctions between direct and direct and indirect effects of intrastate transactions upon indirect effects on interstate commerce, stating: interstate commerce as “a fundamental one, essential to the maintenance of our constitutional system.” Id., at 548, 55 “[E]ven if appellee's activity be local and though it may not S.Ct., at 851. Activities that affected interstate commerce be regarded as commerce, it may still, whatever its nature, directly were within Congress' power; activities that affected be reached by Congress if it exerts a substantial economic interstate commerce indirectly were beyond Congress' reach. effect on interstate commerce, and this irrespective of Id., at 546, 55 S.Ct., at 850. The justification for this formal whether such effect is what might at some earlier time have distinction was rooted in the fear that otherwise “there been defined as ‘direct’ or ‘indirect.’ ” Id., at 125, 63 S.Ct., would be virtually no limit to the federal power and for all at 89. practical purposes we should have a completely centralized The Wickard Court emphasized that although Filburn's own government.” Id., at 548, 55 S.Ct., at 851. contribution to the demand for wheat may have been trivial by itself, that was not “enough to remove him from the scope Two years later, in the watershed case of NLRB v. Jones of federal regulation where, as here, his contribution, taken & Laughlin Steel Corp., 301 U.S. 1, 57 S.Ct. 615, 81 together with that of many others similarly situated, is far L.Ed. 893 (1937), the Court upheld the National Labor from trivial.” Id., at 127–128, 63 S.Ct., at 90–91. Relations Act against a Commerce Clause challenge, and in the process, departed from the distinction between “direct” Jones & Laughlin Steel, Darby, and Wickard ushered in an era and “indirect” effects on interstate commerce. Id., at 36–38, of Commerce Clause jurisprudence that greatly expanded the 57 S.Ct., at 623–624 (“The question [of the scope of Congress' previously defined authority of Congress under that Clause. power] is necessarily one of degree”). The Court held that In part, this was a recognition of the great changes that had intrastate activities that “have such a close and substantial occurred in the way business was carried on in this country. relation to interstate commerce that their control is essential Enterprises that had once been local or at most regional or appropriate to protect that commerce from burdens and in nature had become national in scope. But the doctrinal obstructions” are within Congress' power to regulate. Id., at change also reflected a view that earlier Commerce Clause 37, 57 S.Ct., at 624. cases artificially had constrained the authority of Congress to regulate interstate commerce. In United States v. Darby, 312 U.S. 100, 61 S.Ct. 451, 85 L.Ed. 609 (1941), the Court upheld the Fair Labor Standards But even these modern-era precedents which have expanded Act, stating: congressional power under the Commerce Clause *557 confirm that this power is subject to outer limits. In Jones “The power of Congress over interstate commerce is & Laughlin Steel, the Court warned that the scope of not confined to the regulation of commerce among the the interstate commerce power “must be considered in the states. It extends to those activities intrastate which so light of our dual system of government and may not be affect interstate commerce or the exercise of the power of extended so as to embrace effects upon interstate commerce Congress over it as to make regulation of them appropriate so indirect and remote that **1629 to embrace them, in means to the attainment of a legitimate end, the exercise view of our complex society, would effectually obliterate of the granted power of Congress to regulate interstate the distinction between what is national and what is local commerce.” Id., at 118, 61 S.Ct., at 459. and create a completely centralized government.” 301 U.S., *556 See also United States v. Wrightwood Dairy Co., 315 at 37, 57 S.Ct., at 624; see also Darby, supra, 312 U.S., U.S. 110, 119, 62 S.Ct. 523, 526, 86 L.Ed. 726 (1942) (the at 119–120, 61 S.Ct., at 459–460 (Congress may regulate commerce power “extends to those intrastate activities which intrastate activity that has a “substantial effect” on interstate in a substantial way interfere with or obstruct the exercise of commerce); Wickard, supra, at 125, 63 S.Ct., at 89 (Congress the granted power”). may regulate activity that “exerts a substantial economic effect on interstate commerce”). Since that time, the Court has heeded that warning and undertaken to decide whether a

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 5 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 rational basis existed for concluding that a regulated activity commerce power. Perez, supra, at 150, 91 S.Ct., at 1359; see sufficiently affected interstate commerce. See, e.g., Hodel also Hodel, supra, at 276–277, 101 S.Ct., at 2360–2361. First, v. Virginia Surface Mining & Reclamation Assn., Inc., 452 Congress may regulate the use of the channels of interstate U.S. 264, 276–280, 101 S.Ct. 2352, 2360–2361, 69 L.Ed.2d commerce. See, e.g., Darby, 312 U.S., at 114, 61 S.Ct., at 1 (1981); Perez v. United States, 402 U.S. 146, 155–156, 457; Heart of Atlanta Motel, supra, at 256, 85 S.Ct., at 357 (“ 91 S.Ct. 1357, 1362, 28 L.Ed.2d 686 (1971); Katzenbach v. ‘[T]he authority of Congress to keep the channels of interstate McClung, 379 U.S. 294, 299–301, 85 S.Ct. 377, 381–382, 13 commerce free from immoral and injurious uses has been L.Ed.2d 290 (1964); Heart of Atlanta Motel, Inc. v. United frequently sustained, and is no longer open to question.’ States, 379 U.S. 241, 252–253, 85 S.Ct. 348, 354–355, 13 ” (quoting Caminetti v. United States, 242 U.S. 470, 491, L.Ed.2d 258 (1964).2 37 S.Ct. 192, 197, 61 L.Ed. 442 (1917))). Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate 2 See also Hodel, 452 U.S., at 311, 101 S.Ct., at commerce, even though the threat may come only from 2391 (“[S]imply because Congress may conclude that intrastate activities. See, e.g., Shreveport Rate Cases, 234 a particular activity substantially affects interstate commerce does not necessarily make it so”) U.S. 342, 34 S.Ct. 833, 58 L.Ed. 1341 (1914); Southern R. Co. (REHNQUIST, J., concurring in judgment); Heart v. United States, 222 U.S. 20, 32 S.Ct. 2, 56 L.Ed. 72 (1911) of Atlanta Motel, 379 U.S., at 273, 85 S.Ct., at (upholding amendments to Safety Appliance Act as applied 366 (“[W]hether particular operations affect interstate to vehicles used in intrastate commerce); Perez, supra, at commerce sufficiently to come under the constitutional 150, 91 S.Ct., at 1359 (“[F]or example, the destruction of an power of Congress to regulate them is ultimately a aircraft (18 U.S.C. § 32), or ... thefts from interstate shipments judicial rather than a legislative question, and can (18 U.S.C. § 659)”). Finally, Congress' commerce authority be settled finally only by this Court”) (Black, J., includes the power to regulate those activities *559 having concurring). a substantial **1630 relation to interstate commerce, Jones Similarly, in Maryland v. Wirtz, 392 U.S. 183, 88 S.Ct. & Laughlin Steel, 301 U.S., at 37, 57 S.Ct., at 624, i.e., those 2017, 20 L.Ed.2d 1020 (1968), the Court reaffirmed that activities that substantially affect interstate commerce, Wirtz, “the power to regulate commerce, though broad indeed, has supra, at 196, n. 27, 88 S.Ct., at 2024, n. 27. limits” that “[t]he Court has ample power” to enforce. Id., at 196, 88 S.Ct., at 2023–2024, overruled on other grounds, [1] Within this final category, admittedly, our case law National League of Cities v. Usery, 426 U.S. 833, 96 S.Ct. has not been clear whether an activity must “affect” or 2465, 49 L.Ed.2d 245 (1976), overruled by Garcia v. San “substantially affect” interstate commerce in order to be Antonio Metropolitan Transit *558 Authority, 469 U.S. 528, within Congress' power to regulate it under the Commerce 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985). In response to the Clause. Compare Preseault v. ICC, 494 U.S. 1, 17, 110 S.Ct. dissent's warnings that the Court was powerless to enforce 914, 924–925, 108 L.Ed.2d 1 (1990), with Wirtz, supra, at the limitations on Congress' commerce powers because “[a]ll 196, n. 27, 88 S.Ct., at 2024, n. 27 (the Court has never activities affecting commerce, even in the minutest degree, declared that “Congress may use a relatively trivial impact [Wickard], may be regulated and controlled by Congress,” on commerce as an excuse for broad general regulation of 392 U.S., at 204, 88 S.Ct., at 2028 (Douglas, J., dissenting), state or private activities”). We conclude, consistent with the the Wirtz Court replied that the dissent had misread precedent great weight of our case law, that the proper test requires as “[n]either here nor in Wickard has the Court declared that an analysis of whether the regulated activity “substantially Congress may use a relatively trivial impact on commerce affects” interstate commerce. as an excuse for broad general regulation of state or private activities,” id., at 197, n. 27, 63 S.Ct., at 89–90, n. 27. Rather, We now turn to consider the power of Congress, in the light “[t]he Court has said only that where a general regulatory of this framework, to enact § 922(q). The first two categories statute bears a substantial relation to commerce, the de of authority may be quickly disposed of: § 922(q) is not a minimis character of individual instances arising under that regulation of the use of the channels of interstate commerce, statute is of no consequence.” Ibid. (first emphasis added). nor is it an attempt to prohibit the interstate transportation of a commodity through the channels of commerce; nor can Consistent with this structure, we have identified three broad § 922(q) be justified as a regulation by which Congress has categories of activity that Congress may regulate under its sought to protect an instrumentality of interstate commerce

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 6 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 or a thing in interstate commerce. Thus, if § 922(q) is to be otherwise be reflected by purchases in the open market. sustained, it must be under the third category as a regulation *561 Home-grown wheat in this sense competes with of an activity that substantially affects interstate commerce. wheat in commerce.” 317 U.S., at 128, 63 S.Ct., at 90–91.

[2] First, we have upheld a wide variety of congressional [3] [4] Section 922(q) is a criminal statute that by its terms Acts regulating intrastate economic activity where we have has nothing to do with **1631 “commerce” or any sort concluded that the activity substantially affected interstate of economic enterprise, however broadly one might define commerce. Examples include the regulation of intrastate those terms.3 Section 922(q) is not an essential part of a coal mining; Hodel, supra, intrastate extortionate credit larger regulation of economic activity, in which the regulatory transactions, Perez, supra, restaurants utilizing substantial scheme could be undercut unless the intrastate activity were interstate supplies, McClung, supra, inns and hotels catering regulated. It cannot, therefore, be sustained under our cases to interstate guests, Heart of Atlanta Motel, supra, and upholding regulations of activities that arise out of or are production *560 and consumption of homegrown wheat, connected with a commercial transaction, which viewed in Wickard v. Filburn, 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122 the aggregate, substantially affects interstate commerce. (1942). These examples are by no means exhaustive, but the pattern is clear. Where economic activity substantially affects 3 Under our federal system, the “ ‘States possess primary interstate commerce, legislation regulating that activity will authority for defining and enforcing the criminal law.’ be sustained. ” Brecht v. Abrahamson, 507 U.S. 619, 635, 113 S.Ct. 1710, 1720, 123 L.Ed.2d 353 (1993) (quoting Engle v. Even Wickard, which is perhaps the most far reaching Isaac, 456 U.S. 107, 128, 102 S.Ct. 1558, 1572, 71 example of Commerce Clause authority over intrastate L.Ed.2d 783 (1982)); see also Screws v. United States, activity, involved economic activity in a way that the 325 U.S. 91, 109, 65 S.Ct. 1031, 1039, 89 L.Ed. 1495 possession of a gun in a school zone does not. Roscoe Filburn (1945) (plurality opinion) (“Our national government operated a small farm in Ohio, on which, in the year involved, is one of delegated powers alone. Under our federal he raised 23 acres of wheat. It was his practice to sow system the administration of criminal justice rests with winter wheat in the fall, and after harvesting it in July to the States except as Congress, acting within the scope of sell a portion of the crop, to feed part of it to poultry and those delegated powers, has created offenses against the livestock on the farm, to use some in making flour for home United States”). When Congress criminalizes conduct already denounced as criminal by the States, it effects a consumption, and to keep the remainder for seeding future “ ‘change in the sensitive relation between federal and crops. The Secretary of Agriculture assessed a penalty against state criminal jurisdiction.’ ” United States v. Enmons, him under the Agricultural Adjustment Act of 1938 because 410 U.S. 396, 411–412, 93 S.Ct. 1007, 1015–1016, he harvested about 12 acres more wheat than his allotment 35 L.Ed.2d 379 (1973) (quoting United States v. Bass, under the Act permitted. The Act was designed to regulate the 404 U.S. 336, 349, 92 S.Ct. 515, 523, 30 L.Ed.2d volume of wheat moving in interstate and foreign commerce 488 (1971)). The Government acknowledges that § in order to avoid surpluses and shortages, and concomitant 922(q) “displace[s] state policy choices in ... that its fluctuation in wheat prices, which had previously obtained. prohibitions apply even in States that have chosen not The Court said, in an opinion sustaining the application of the to outlaw the conduct in question.” Brief for United Act to Filburn's activity: States 29, n. 18; see also Statement of President George Bush on Signing the Crime Control Act of 1990, 26 “One of the primary purposes of the Act in question was Weekly Comp. of Pres. Doc. 1944, 1945 (Nov. 29, 1990) to increase the market price of wheat and to that end (“Most egregiously, section [922(q)] inappropriately to limit the volume thereof that could affect the market. overrides legitimate State firearms laws with a new and It can hardly be denied that a factor of such volume unnecessary Federal law. The policies reflected in these and variability as home-consumed wheat would have a provisions could legitimately be adopted by the States, but they should not be imposed upon the States by the substantial influence on price and market conditions. This Congress”). may arise because being in marketable condition such wheat overhangs the market and, if induced by rising Second, § 922(q) contains no jurisdictional element which prices, tends to flow into the market and check price would ensure, through case-by-case inquiry, that the firearm increases. But if we assume that it is never marketed, it possession in question affects interstate commerce. For supplies a need of the man who grew it which would example, in United States v. Bass, 404 U.S. 336, 92 S.Ct.

515, 30 L.Ed.2d 488 (1971), the Court interpreted former 18 4 We note that on September 13, 1994, President Clinton U.S.C. § 1202(a), which made it *562 a crime for a felon to signed into law the Violent Crime Control and Law “receiv [e], posses[s], or transpor[t] in commerce or affecting Enforcement Act of 1994, Pub.L. 103–322, 108 Stat. commerce ... any firearm.” 404 U.S., at 337, 92 S.Ct., at 1796. Section 320904 of that Act, id., at 2125, amends 517. The Court interpreted the possession component of § § 922(q) to include congressional findings regarding the 1202(a) to require an additional nexus to interstate commerce effects of firearm possession in and around schools upon both because the statute was ambiguous and because “unless interstate and foreign commerce. The Government does Congress conveys its purpose clearly, it will not be deemed to not rely upon these subsequent findings as a substitute for have significantly changed the federal-state balance.” Id., at the absence of findings in the first instance. Tr. of Oral Arg. 25 (“[W]e're not relying on them in the strict sense 349, 92 S.Ct., at 523. The Bass Court set aside the conviction of the word, but we think that at a very minimum they because, although the Government had demonstrated that indicate that reasons can be identified for why Congress Bass had possessed a firearm, it had failed “to show the wanted to regulate this particular activity”). requisite nexus with interstate commerce.” Id., at 347, 92 S.Ct., at 522. The Court thus interpreted the statute to reserve The Government argues that Congress has accumulated the constitutional question whether Congress could regulate, institutional expertise regarding the regulation of firearms without more, the “mere possession” of firearms. See id., at through previous enactments. Cf. Fullilove v. Klutznick, 339, n. 4, 92 S.Ct., at 518, n. 4; see also United States v. 448 U.S. 448, 503, 100 S.Ct. 2758, 2787, 65 L.Ed.2d 902 Five Gambling Devices, 346 U.S. 441, 448, 74 S.Ct. 190, (1980) (Powell, J., concurring). We agree, however, with 194, 98 L.Ed. 179 (1953) (plurality opinion) (“The principle is the Fifth Circuit that importation of previous findings to old and deeply imbedded in our jurisprudence that this Court justify § 922(q) is especially inappropriate here because will construe a statute in a manner that requires decision of the “prior federal enactments or Congressional findings [do serious constitutional questions only if the statutory language not] speak to the subject matter of section 922(q) or its leaves no reasonable alternative”). Unlike the statute in Bass, relationship to interstate commerce. Indeed, section 922(q) § 922(q) has no express jurisdictional element which might plows thoroughly new ground and represents a sharp break limit its reach to a discrete set of firearm possessions that with the long-standing pattern of federal firearms legislation.” additionally have an explicit connection with or effect on 2 F.3d, at 1366. interstate commerce. The Government's essential contention, in fine, is that we may [5] Although as part of our independent evaluation of determine here that § 922(q) is valid because possession of constitutionality under the Commerce Clause we of course a firearm in a local school zone does indeed substantially consider legislative findings, and indeed even congressional affect interstate commerce. Brief for United States 17. The committee findings, regarding effect on interstate commerce, Government argues that possession of a firearm in a school see, e.g., Preseault v. ICC, 494 U.S., at 17, 110 S.Ct., at zone may result in violent crime and that violent crime can 924–925, (1990), the Government concedes that “[n]either be expected to affect the functioning of the national economy the statute nor its legislative history contain[s] express in two ways. First, the costs of violent *564 crime are congressional findings regarding the effects upon interstate substantial, and, through the mechanism of insurance, those commerce of gun possession in a school zone.” Brief for costs are spread throughout the population. See United States United States 5–6. We agree with the Government that v. Evans, 928 F.2d 858, 862 (CA9 1991). Second, violent Congress normally is not required to make formal findings crime reduces the willingness of individuals to travel to as to the substantial burdens that an activity has on interstate areas within the country that are perceived to be unsafe. Cf. commerce. See McClung, 379 U.S., at 304, 85 S.Ct., at 383– Heart of Atlanta Motel, 379 U.S., at 253, 85 S.Ct., at 355. 384; *563 see also Perez, 402 U.S., at 156, 91 S.Ct., at 1362 The Government also argues that the presence of guns in (“Congress need [not] make particularized findings in order schools poses a substantial threat to the educational process to legislate”). But to the **1632 extent that congressional by threatening the learning environment. A handicapped findings would enable us to evaluate the legislative judgment educational process, in turn, will result in a less productive that the activity in question substantially affected interstate citizenry. That, in turn, would have an adverse effect on the commerce, even though no such substantial effect was visible Nation's economic well-being. As a result, the Government argues that Congress could rationally have concluded that § to the naked eye, they are lacking here.4 922(q) substantially affects interstate commerce.

We pause to consider the implications of the Government's 1661, and that, in turn, has a substantial effect on interstate arguments. The Government admits, under its “costs of commerce. crime” reasoning, that Congress could regulate not only all violent crime, but all activities that might lead to violent [6] Justice BREYER rejects our reading of precedent and crime, regardless of how tenuously they relate to interstate argues that “Congress ... could rationally conclude that commerce. See Tr. of Oral Arg. 8–9. Similarly, under the schools fall on the commercial side of the line.” Post, at Government's “national productivity” reasoning, Congress 1664. Again, Justice BREYER's rationale lacks any real could regulate any activity that it found was related to the limits because, depending on the level of generality, any economic productivity of individual citizens: family law activity can be looked upon as commercial. Under the (including marriage, divorce, and child custody), for example. dissent's rationale, Congress could just as easily look at child Under the theories that the Government presents in support rearing as “fall[ing] on the commercial side of the line” of § 922(q), it is difficult to perceive any limitation on because it provides a “valuable service—namely, to equip federal power, even in areas such as criminal law enforcement [children] with the skills they need to survive in life and, more or education where States historically have been sovereign. specifically, in the workplace.” Ibid. We do not doubt that Thus, if we were to accept the Government's arguments, we Congress *566 has authority under the Commerce Clause are hard pressed to posit any activity by an individual that to regulate numerous commercial activities that substantially Congress is without power to regulate. affect interstate commerce and also affect the educational process. That authority, though broad, does not include the Although Justice BREYER argues that acceptance of the authority to regulate each and every aspect of local schools. Government's rationales would not authorize a general federal police power, he is unable to identify any activity that the Admittedly, a determination whether an intrastate activity States may regulate but Congress may not. Justice BREYER is commercial or noncommercial may in some cases result posits that there might be some limitations on Congress' in legal uncertainty. But, so long as Congress' authority is *565 commerce power, such as family law or certain limited to those powers enumerated in the Constitution, and aspects of education. Post, at 1661–1662. These suggested so long as those enumerated powers are interpreted as having limitations, when viewed in light of the dissent's expansive judicially enforceable outer limits, congressional legislation analysis, are devoid of substance. under the Commerce Clause always will engender “legal uncertainty.” Post, at 1664. As Chief Justice Marshall stated Justice BREYER focuses, for the most part, on the threat that in McCulloch v. Maryland, 4 Wheat. 316, 4 L.Ed. 579 (1819): firearm possession in **1633 and near schools poses to the educational process and the potential economic consequences “Th[e] [federal] government is acknowledged by all to flowing from that threat. Post, at 1659–1662. Specifically, be one of enumerated powers. The principle, that it can the dissent reasons that (1) gun-related violence is a serious exercise only the powers granted to it ... is now universally problem; (2) that problem, in turn, has an adverse effect on admitted. But the question respecting the extent of the classroom learning; and (3) that adverse effect on classroom powers actually granted, is perpetually arising, and will learning, in turn, represents a substantial threat to trade and probably continue to arise, as long as our system shall commerce. Post, at 1661. This analysis would be equally exist.” Id., at 405. applicable, if not more so, to subjects such as family law and See also Gibbons v. Ogden, 9 Wheat., at 195 (“The direct regulation of education. enumeration presupposes something not enumerated”). The Constitution mandates this uncertainty by withholding from For instance, if Congress can, pursuant to its Commerce Congress a plenary police power that would authorize Clause power, regulate activities that adversely affect the enactment of every type of legislation. See Art. I, § 8. learning environment, then, a fortiori, it also can regulate Congress has operated within this framework of legal the educational process directly. Congress could determine uncertainty ever since this Court determined that it was the that a school's curriculum has a “significant” effect on Judiciary's duty “to say what the law is.” Marbury v. Madison, the extent of classroom learning. As a result, Congress 1 Cranch 137, 177, 2 L.Ed. 60 (1803) (Marshall, C.J.). Any could mandate a federal curriculum for local elementary and possible benefit from eliminating this “legal uncertainty” secondary schools because what is taught in local schools would be at the expense of the Constitution's system of has a significant “effect on classroom learning,” cf. post, at enumerated powers.

In Jones & Laughlin Steel, 301 U.S., at 37, 57 S.Ct., at 624, we held that the question of congressional power under the Justice KENNEDY, with whom Justice O'CONNOR joins, Commerce Clause “is necessarily one of degree.” To the same concurring. effect *567 is the concurring opinion of Justice Cardozo in The history of the judicial struggle to interpret the Commerce Schechter Poultry: Clause during the transition from the economic system the Founders knew to the single, national market still emergent “There is a view of causation that would obliterate the in our own era counsels great restraint before the Court distinction between what is national and what is local in determines that the Clause is insufficient to support an the activities of commerce. Motion at the outer rim is exercise of the national power. That history gives me some communicated perceptibly, though minutely, to recording pause about today's decision, but I join the Court's opinion instruments at the center. A society such as ours ‘is an with these observations on what I conceive to be its necessary elastic medium which transmits all tremors throughout its though limited holding. territory; the only question is of their size.’ ” 295 U.S., at 554, 55 S.Ct., at 853 **1634 (quoting United States v. Chief Justice Marshall announced that the national authority A.L.A. Schechter Poultry Corp., 76 F.2d 617, 624 (CA2 reaches “that commerce which concerns more States than 1935) (L. Hand, J., concurring)). one” and that the commerce power “is complete in itself, may be exercised to its utmost extent, and acknowledges These are not precise formulations, and in the nature of things no limitations, other than are prescribed in the constitution.” they cannot be. But we think they point the way to a correct Gibbons v. Ogden, 9 Wheat. 1, 194, 196, 6 L.Ed. 23 (1824). decision of this case. The possession of a gun in a local school His statements can be understood now as an early and zone is in no sense an economic activity that might, through authoritative recognition that the Commerce Clause grants repetition elsewhere, substantially affect any sort of interstate Congress extensive power and ample discretion to determine commerce. Respondent was a local student at a local school; its appropriate exercise. The progression of our Commerce there is no indication that he had recently moved in interstate Clause cases from Gibbons to the present was not marked, commerce, and there is no requirement that his possession of however, by a coherent or consistent course of interpretation; the firearm have any concrete tie to interstate commerce. for neither the course of technological advance nor the foundational principles for the jurisprudence itself were self- To uphold the Government's contentions here, we would evident to the courts that sought to resolve contemporary have to pile inference upon inference in a manner that disputes by enduring principles. would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort Furthermore, for almost a century after the adoption of the retained by the States. Admittedly, some of our prior cases Constitution, the Court's Commerce Clause decisions did not have taken long steps down that road, giving great deference concern the authority of Congress to legislate. Rather, *569 to congressional action. See supra, at 1629. The broad the Court faced the related but quite distinct question of language in these opinions has suggested the possibility of the authority of the States to regulate matters that would additional expansion, but we decline here to proceed any be within the commerce power had Congress chosen to act. further. To do so would require us to conclude that the The simple fact was that in the early years of the Republic, Constitution's enumeration of powers does not presuppose Congress seldom perceived the necessity to exercise its something not enumerated, cf. Gibbons v. Ogden, supra, at power in circumstances where its authority would be called 195, and that there never will be a distinction between what into question. The Court's initial task, therefore, was to is *568 truly national and what is truly local, cf. Jones & elaborate the theories that would permit the States to act where Laughlin Steel, supra, at 30, 57 S.Ct., at 621. This we are Congress had not done so. Not the least part of the problem unwilling to do. was the unresolved question whether the congressional power was exclusive, a question reserved by Chief Justice Marshall For the foregoing reasons the judgment of the Court of in Gibbons v. Ogden, supra, at 209–210. Appeals is At the midpoint of the 19th century, the Court embraced Affirmed. the principle that the States and the National Government both have authority to regulate certain matters absent the **1635 congressional determination to displace local law

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 10 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 or the necessity for the Court to invalidate local law because S.Ct., at 282, and struck down a federal statute forbidding of the dormant national power. Cooley v. Board of Wardens the discharge of an employee because of his membership of Port of Philadelphia, ex rel. Soc. for Relief of Distressed in a labor organization. See also The Employers' Liability Pilots, 12 How. 299, 318–321, 13 L.Ed. 996 (1852). But the Cases, 207 U.S. 463, 497, 28 S.Ct. 141, 145, 52 L.Ed. 297 utility of that solution was not at once apparent, see generally (1908) (invalidating statute creating negligence action against F. Frankfurter, The Commerce Clause under Marshall, Taney common carriers for personal injuries of employees sustained and Waite (1937) (hereinafter Frankfurter), and difficulties of in the course of employment, because the statute “regulates application persisted, see Leisy v. Hardin, 135 U.S. 100, 122– the persons because they engage in interstate commerce and 125, 10 S.Ct. 681, 688–690, 34 L.Ed. 128 (1890). does not alone regulate the business of interstate commerce”).

One approach the Court used to inquire into the lawfulness *571 Even before the Court committed itself to sustaining of state authority was to draw content-based or subject- federal legislation on broad principles of economic matter distinctions, thus defining by semantic or formalistic practicality, it found it necessary to depart from these categories those activities that were commerce and those decisions. The Court disavowed E.C. Knight 's reliance on the that were not. For instance, in deciding that a State could manufacturing-commerce distinction in Standard Oil Co. of prohibit the in-state manufacture of liquor intended for N.J. v. United States, 221 U.S. 1, 68–69, 31 S.Ct. 502, 518– out-of-state shipment, it distinguished between manufacture 519, 55 L.Ed. 619 (1911), declaring that approach “unsound.” and commerce. “No distinction is more popular to the The Court likewise rejected the rationale of Adair when it common mind, or more clearly expressed in economic and decided, in Texas & New Orleans R. Co. v. Railway Clerks, political literature, than that between manufactur[e] and 281 U.S. 548, 570–571, 50 S.Ct. 427, 433–434, 74 L.Ed. commerce. Manufacture is transformation—the fashioning 1034 (1930), that Congress had the power to regulate matters of raw materials *570 into a change of form for use. The pertaining to the organization of railroad workers. functions of commerce are different.” Kidd v. Pearson, 128 U.S. 1, 20, 9 S.Ct. 6, 10, 32 L.Ed. 346 (1888). Though that In another line of cases, the Court addressed Congress' approach likely would not have survived even if confined efforts to impede local activities it considered undesirable to the question of a State's authority to enact legislation, it by prohibiting the interstate movement of some essential was not at all propitious when applied to the quite different element. In the Lottery Case, 188 U.S. 321, 23 S.Ct. 321, question of what subjects were within the reach of the national 47 L.Ed. 492 (1903), the Court rejected the argument that power when Congress chose to exercise it. Congress lacked power to prohibit the interstate movement of lottery tickets because it had power only to regulate, not This became evident when the Court began to confront to prohibit. See also **1636 Hipolite Egg Co. v. United federal economic regulation enacted in response to the rapid States, 220 U.S. 45, 31 S.Ct. 364, 55 L.Ed. 364 (1911); Hoke industrial development in the late 19th century. Thus, it relied v. United States, 227 U.S. 308, 33 S.Ct. 281, 57 L.Ed. 523 upon the manufacture-commerce dichotomy in United States (1913). In Hammer v. Dagenhart, 247 U.S. 251, 38 S.Ct. 529, v. E.C. Knight Co., 156 U.S. 1, 15 S.Ct. 249, 39 L.Ed. 325 62 L.Ed. 1101 (1918), however, the Court insisted that the (1895), where a manufacturers' combination controlling some power to regulate commerce “is directly the contrary of the 98% of the Nation's domestic sugar refining capacity was held assumed right to forbid commerce from moving,” id., at 269– to be outside the reach of the Sherman Act. Conspiracies to 270, 38 S.Ct., at 530, and struck down a prohibition on the control manufacture, agriculture, mining, production, wages, interstate transportation of goods manufactured in violation or prices, the Court explained, had too “indirect” an effect on of child labor laws. interstate commerce. Id., at 16, 15 S.Ct., at 255. And in Adair v. United States, 208 U.S. 161, 28 S.Ct. 277, 52 L.Ed. 436 Even while it was experiencing difficulties in finding (1908), the Court rejected the view that the commerce power satisfactory principles in these cases, the Court was pursuing might extend to activities that, although local in the sense of a more sustainable and practical approach in other lines having originated within a single State, nevertheless had a of decisions, particularly those involving the regulation of practical effect on interstate commercial activity. The Court railroad rates. In the Minnesota Rate Cases, 230 U.S. 352, concluded that there was not a “legal or logical connection ... 33 S.Ct. 729, 57 L.Ed. 1511 (1913), the Court upheld a state between an employé's membership in a labor organization rate order, but observed that Congress might be empowered and the carrying on of interstate commerce,” id., at 178, 28 to regulate in this area if “by reason of the interblending of the

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 11 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 interstate and intrastate operations of interstate carriers” the 295 U.S. 330, 368, 55 S.Ct. 758, 771, 79 L.Ed. 1468 (1935) regulation of interstate rates could not be maintained without (compulsory retirement and pension plan for railroad carrier restrictions on “intrastate *572 rates which substantially employees too “remote from any regulation of commerce as affect the former.” Id., at 432–433, 33 S.Ct., at 753–754. And such”); A.L.A. Schechter Poultry Corp. v. United States, 295 in the Shreveport Rate Cases, 234 U.S. 342, 34 S.Ct. 833, 58 U.S. 495, 548, 55 S.Ct. 837, 851, 79 L.Ed. 1570 (1935) (wage L.Ed. 1341 (1914), the Court upheld an Interstate Commerce and hour law provision of National Industrial Recovery Act Commission order fixing railroad rates with the explanation had “no direct relation to interstate commerce”). that congressional authority, “extending to these interstate carriers as instruments of interstate commerce, necessarily The case that seems to mark the Court's definitive embraces the right to control their operations in all matters commitment to the practical conception of the commerce having such a close and substantial relation to interstate traffic power is NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, that the control is essential or appropriate to the security of 57 S.Ct. 615, 81 L.Ed. 893 (1937), where the Court sustained that traffic, to the efficiency of the interstate service, and to the labor laws that applied to **1637 manufacturing facilities, maintenance of conditions under which interstate commerce making no real attempt to distinguish Carter, supra, and may be conducted upon fair terms and without molestation or Schechter, supra. 301 U.S., at 40–41, 57 S.Ct., at 625–626. hindrance.” Id., at 351, 34 S.Ct., at 836. The deference given to Congress has since been confirmed. United States v. Darby, 312 U.S. 100, 116–117, 61 S.Ct. Even the most confined interpretation of “commerce” 451, 458–459, 85 L.Ed. 609 (1941), overruled Hammer v. would embrace transportation between the States, so the Dagenhart, supra. And in Wickard v. Filburn, 317 U.S. 111, rate cases posed much less difficulty for the Court than 63 S.Ct. 82, 87 L.Ed. 122 (1942), the Court disapproved E.C. cases involving manufacture or production. Nevertheless, Knight and the entire line of direct-indirect and manufacture- the Court's recognition of the importance of a practical production cases, explaining that “broader interpretations of conception of the commerce power was not altogether the Commerce Clause [were] destined to supersede the earlier confined to the rate cases. In Swift & Co. v. United States, 196 ones,” at 122, 63 S.Ct., at 88, and “[w]hatever terminology is U.S. 375, 25 S.Ct. 276, 49 L.Ed. 518 (1905), the Court upheld used, the criterion is necessarily one of degree and must be so the application of federal antitrust law to a combination of defined. This does not satisfy those who seek mathematical meat dealers that occurred in one State but that restrained or rigid formulas. But such formulas are not provided by the trade in cattle “sent for sale from a place in one State, with the great concepts of the Constitution,” id., at 123, n. 24, 63 S.Ct., expectation that they will end their transit ... in another.” Id., at 88, n. 24. Later examples of the exercise of federal power at 398, 25 S.Ct., at 280. The Court explained that “commerce where commercial transactions were the subject of regulation among the States is not a technical legal conception, but a include Heart of Atlanta Motel, Inc. v. United States, 379 practical one, drawn from the course of business.” Ibid. Chief U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 (1964), Katzenbach v. Justice Taft followed the same approach in upholding federal McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290 (1964), regulation of stockyards in Stafford v. Wallace, 258 U.S. 495, and Perez v. United States, 402 U.S. 146, 91 S.Ct. 1357, 28 42 S.Ct. 397, 66 L.Ed. 735 (1922). Speaking for the Court, he L.Ed.2d 686 (1971). These and like authorities are within rejected a “nice and technical inquiry,” id., at 519, 42 S.Ct., the fair ambit *574 of the Court's practical conception of at 403, when the local transactions at issue could not “be commercial regulation and are not called in question by our separated from the movement to which they contribute,” id., decision today. at 516, 42 S.Ct., at 402. The history of our Commerce Clause decisions contains at Reluctance of the Court to adopt that approach in all of its least two lessons of relevance to this case. The first, as stated cases caused inconsistencies in doctrine to persist, however. at the outset, is the imprecision of content-based boundaries In addressing New Deal legislation the Court resuscitated used without more to define the limits of the Commerce *573 the abandoned abstract distinction between direct and Clause. The second, related to the first but of even greater indirect effects on interstate commerce. See Carter v. Carter consequence, is that the Court as an institution and the legal Coal Co., 298 U.S. 238, 309, 56 S.Ct. 855, 872, 80 L.Ed. 1160 system as a whole have an immense stake in the stability of (1936) (Act regulating price of coal and wages and hours for our Commerce Clause jurisprudence as it has evolved to this miners held to have only “secondary and indirect” effect on point. Stare decisis operates with great force in counseling us interstate commerce); Railroad Retirement Bd. v. Alton R. Co., not to call in question the essential principles now in place

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 12 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 respecting the congressional power to regulate transactions States v. Nixon, 418 U.S. 683, 94 S.Ct. 3090, 41 L.Ed.2d 1039 of a commercial nature. That fundamental restraint on our (1974); Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d power forecloses us from reverting to an understanding of 659 (1976); INS v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, commerce that would serve only an 18th–century economy, 77 L.Ed.2d 317 (1983); Bowsher v. Synar, 478 U.S. 714, 106 dependent then upon production and trading practices that S.Ct. 3181, 92 L.Ed.2d 583 (1986); Plaut v. Spendthrift Farm, had changed but little over the preceding centuries; it also Inc., 514 U.S. 211, 115 S.Ct. 1447, 131 L.Ed.2d 328 (1995). mandates against returning to the time when congressional These standards are by now well accepted. Judicial review authority to regulate undoubted commercial activities was is also established beyond question, Marbury v. Madison, 1 limited by a judicial determination that those matters had an Cranch 137, 2 L.Ed. 60 (1803), and though we may differ insufficient connection to an interstate system. Congress can when applying its principles, see, e.g., Planned Parenthood regulate in the commercial sphere on the assumption that we of Southeastern Pa. v. Casey, 505 U.S. 833, 112 S.Ct. 2791, have a single market and a unified purpose to build a stable 120 L.Ed.2d 674 (1992), its legitimacy is undoubted. Our role national economy. in preserving the federal balance seems more tenuous.

In referring to the whole subject of the federal and state There is irony in this, because of the four structural elements balance, we said this just three Terms ago: in the Constitution just mentioned, federalism was the unique contribution of the Framers to political science and political “This framework has been sufficiently flexible over the theory. See *576 Friendly, Federalism: A Forward, 86 Yale past two centuries to allow for enormous changes in the L.J. 1019 (1977); G. Wood, The Creation of the American nature of government. The Federal Government undertakes Republic, 1776–1787, pp. 524–532, 564 (1969). Though on activities today that would have been unimaginable to the the surface the idea may seem counterintuitive, it was the Framers in two senses: first, because the Framers would insight of the Framers that freedom was enhanced by the not have conceived that any government would conduct creation of two governments, not one. “In the compound such activities; and second, because the Framers would republic of America, the power surrendered by the people not have believed that the Federal Government, rather than is first divided between two distinct governments, and then the States, would assume such *575 responsibilities. Yet the portion allotted to each subdivided among distinct and the powers conferred upon the Federal Government by the separate departments. Hence a double security arises to the Constitution were phrased in language broad enough to rights of the people. The different governments will control allow for the expansion of the Federal Government's role.” each other, at the same time that each will be controlled by New York v. United States, 505 U.S. 144, 157, 112 S.Ct. itself.” The Federalist No. 51, p. 323 (C. Rossiter ed. 1961) (J. 2408, 2418, 120 L.Ed.2d 120 (1992) (emphasis deleted). Madison). See also Gregory v. Ashcroft, 501 U.S. 452, 458– It does not follow, however, that in every instance the Court 459, 111 S.Ct. 2395, 2400, 115 L.Ed.2d 410 (1991) (“Just as lacks the authority and responsibility to review congressional the separation and independence of the coordinate branches attempts to alter the federal balance. This case requires us of the Federal Government serve to prevent the accumulation to consider our place in the design of the Government and of excessive power in any one branch, a healthy balance of to appreciate the significance of federalism in the whole power between the States and the Federal Government will structure of the Constitution. reduce the risk of tyranny and abuse from either front.... In the tension between federal and state power lies the Of the various structural elements in the Constitution, promise of liberty”); New York v. United States, supra, at separation of powers, checks and balances, judicial review, 181, 112 S.Ct., at 2431 (“[T]he Constitution divides authority and federalism, only concerning the last does there seem to between federal and state governments for the protection of be much uncertainty respecting the existence, and the content, individuals. State sovereignty is not just an end in itself: of standards that allow the Judiciary to play a significant ‘Rather, federalism secures to citizens the liberties that derive role **1638 in maintaining the design contemplated by the from the diffusion of sovereign power’ ”) (quoting Coleman Framers. Although the resolution of specific cases has proved v. Thompson, 501 U.S. 722, 759, 111 S.Ct. 2546, 2570, 115 difficult, we have derived from the Constitution workable L.Ed.2d 640 (1991) (Blackmun, J., dissenting)). standards to assist in preserving separation of powers and checks and balances. See, e.g., Prize Cases, 2 Black 635, 17 The theory that two governments accord more liberty than L.Ed. 459 (1863); Youngstown Sheet & Tube Co. v. Sawyer, one requires for its realization two distinct and discernable 343 U.S. 579, 72 S.Ct. 863, 96 L.Ed. 1153 (1952); United

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 13 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 lines of political accountability: one between the citizens and Committee on Commerce, 88th Cong., 1st Sess., pts. 1– the Federal Government; the second between the citizens and 3 (1963), some Congresses have accepted responsibility to the States. If, as Madison expected, the Federal and State confront the great questions of the proper federal balance in Governments are to control each other, see The Federalist terms of lasting consequences for the constitutional design. No. 51, and hold each other in check by competing for the The political branches of the Government must fulfill this affections of the people, see The Federalist No. 46, those grave constitutional obligation if democratic liberty and the citizens must have some means of knowing which of *577 federalism that secures it are to endure. the two governments to hold accountable for the failure to perform a given function. “Federalism serves to assign At the same time, the absence of structural mechanisms to political responsibility, not to obscure it.” FTC v. Ticor Title require those officials to undertake this principled task, and Ins. Co., 504 U.S. 621, 636, 112 S.Ct. 2169, 2178, 119 the momentary political convenience often attendant upon L.Ed.2d 410 (1992). Were the Federal Government to take their failure to do so, argue against a complete renunciation over the regulation of entire areas of traditional state concern, of the judicial role. Although it is the obligation of all officers areas having nothing to do with the regulation of commercial of the Government to respect the constitutional design, see activities, the boundaries between the spheres of federal and Public Citizen v. Department of Justice, 491 U.S. 440, 466, state authority would blur and political responsibility would 109 S.Ct. 2558, 2572–2573, 105 L.Ed.2d 377 (1989); Rostker become illusory. Cf. New York v. United States, supra, at v. Goldberg, 453 U.S. 57, 64, 101 S.Ct. 2646, 2651, 69 155–169, 112 S.Ct., at 2417–2425; FERC v. Mississippi, L.Ed.2d 478 (1981), the federal balance is too essential a part 456 U.S. 742, 787, 102 S.Ct. 2126, 2152, 72 L.Ed.2d 532 of our constitutional structure and plays too vital a role in (1982) (O'CONNOR, J., concurring in judgment in part and securing freedom for us to admit inability to intervene when dissenting in part). The resultant inability to hold either one or the other level of Government has tipped the scales too branch of the government answerable **1639 to the citizens far. is more dangerous even than devolving too much authority to the remote central power. In the past this Court has participated in maintaining the federal balance through judicial exposition of doctrines such To be sure, one conclusion that could be drawn from The as abstention, see, e.g., Younger v. Harris, 401 U.S. 37, 91 Federalist Papers is that the balance between national and S.Ct. 746, 27 L.Ed.2d 669 (1971); Railroad Comm'n of Tex. state power is entrusted in its entirety to the political process. v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 Madison's observation that “the people ought not surely to be (1941); Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, precluded from giving most of their confidence where they 87 L.Ed. 1424 (1943), the rules for determining the primacy may discover it to be most due,” The Federalist No. 46, p. of state law, see, e.g., Erie R. Co. v. Tompkins, 304 U.S. 64, 295 (C. Rossiter ed. 1961), can be interpreted to say that the 58 S.Ct. 817, 82 L.Ed. 1188 (1938), the doctrine of adequate essence of responsibility for a shift in power from the State and independent state grounds, see, e.g., Murdock v. Memphis, to the Federal Government rests upon a political judgment, 20 Wall. 590, 22 L.Ed. 429 (1875); Michigan v. Long, 463 though he added assurance that “the State governments could U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983), the have little to apprehend, because it is only within a certain whole jurisprudence of preemption, see, e.g., Rice v. Santa sphere that the federal power can, in the nature of things, Fe Elevator Corp., 331 U.S. 218, 67 S.Ct. 1146, 91 L.Ed. be advantageously administered,” ibid. Whatever the judicial 1447 (1947); Cipollone v. Liggett Group, Inc., 505 U.S. 504, role, it is axiomatic that Congress does have substantial 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992), and many of the discretion and control over the federal balance. rules governing our habeas jurisprudence, see, e.g., Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 For these reasons, it would be mistaken and mischievous (1991); McCleskey *579 v. Zant, 499 U.S. 467, 111 S.Ct. for the political branches to forget that the sworn obligation 1454, 113 L.Ed.2d 517 (1991); Teague v. Lane, 489 U.S. 288, to preserve and protect the Constitution in maintaining 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989); Rose v. Lundy, 455 the federal balance is their own in the first and primary U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982); Wainwright instance. In the Webster–Hayne Debates, see The Great v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Speeches and *578 Orations of Daniel Webster 227–272 (E. Whipple ed. 1879), and the debates over the Civil Our ability to preserve this principle under the Commerce Rights Acts, see Hearings on S. 1732 before the Senate Clause has presented a much greater challenge. See supra,

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 14 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 at 1634–1637. “This clause has throughout the Court's circumspection with which we invalidate an Act of Congress, history been the chief source of its adjudications regarding but it does not mitigate our duty to recognize meaningful federalism,” and “no other body of opinions affords a fairer or limits on the commerce power of Congress. more revealing test of judicial qualities.” Frankfurter 66–67. But as the branch whose distinctive duty it is to declare “what The statute before us upsets the federal balance to a degree the law is,” Marbury v. **1640 Madison, 1 Cranch, at 177, that renders it an unconstitutional assertion of the commerce we are often called upon to resolve questions of constitutional power, and our intervention is required. As THE CHIEF law not susceptible to the mechanical application of bright JUSTICE explains, unlike the earlier cases to come before and clear lines. The substantial element of political judgment the Court here neither the actors nor their conduct has a in Commerce Clause matters leaves our institutional capacity commercial character, and neither the purposes nor the design to intervene more in doubt than when we decide cases, for of the statute has an evident commercial nexus. See ante, instance, under the Bill of Rights even though clear and bright at 1630–1631. The statute makes the simple possession of a lines are often absent in the latter class of disputes. See County gun within 1,000 feet of the grounds of the school a criminal of Allegheny v. American Civil Liberties Union, Greater offense. In a sense any conduct in this interdependent world Pittsburgh Chapter, 492 U.S. 573, 630, 109 S.Ct. 3086, 3120, of ours has an ultimate commercial origin or consequence, 106 L.Ed.2d 472 (1989) (O'CONNOR, J., concurring in part but we have not yet said the commerce power may reach so and concurring in judgment) (“We cannot avoid the obligation far. If Congress attempts that extension, then at the least we to draw lines, often close and difficult lines” in adjudicating must inquire whether the exercise of national power seeks to constitutional rights). But our cases do not teach that we have intrude upon an area of traditional state concern. no role at all in determining the meaning of the Commerce Clause. An interference of these dimensions occurs here, for it is well established that education is a traditional concern of Our position in enforcing the dormant Commerce Clause the States. Milliken v. Bradley, 418 U.S. 717, 741–742, 94 is instructive. The Court's doctrinal approach in that area S.Ct. 3112, 3125–3126, 41 L.Ed.2d 1069 (1974); *581 has likewise “taken some turns.” Oklahoma Tax Comm'n Epperson v. Arkansas, 393 U.S. 97, 104, 89 S.Ct. 266, 270, v. Jefferson Lines, Inc., 514 U.S. 175, 180, 115 S.Ct. 21 L.Ed.2d 228 (1968). The proximity to schools, including 1331, 1336, 131 L.Ed.2d 261 (1995). Yet in contrast to of course schools owned and operated by the States or their the prevailing skepticism that surrounds our ability to give subdivisions, is the very premise for making the conduct meaning to the explicit text of the Commerce Clause, there criminal. In these circumstances, we have a particular duty is widespread acceptance of our authority to enforce the to ensure that the federal-state balance is not destroyed. Cf. dormant Commerce Clause, which we have but inferred from Rice, supra, at 230, 67 S.Ct., at 1152 (“[W]e start with the the constitutional structure as a limitation on the power of assumption that the historic police powers of the States” are the States. One element of our dormant Commerce Clause not displaced by a federal statute “unless that was the clear jurisprudence has been the principle that the States may not and manifest purpose of Congress”); Florida Lime & Avocado *580 impose regulations that place an undue burden on Growers, Inc. v. Paul, 373 U.S. 132, 146, 83 S.Ct. 1210, 1219, interstate commerce, even where those regulations do not 10 L.Ed.2d 248 (1963). discriminate between in-state and out-of-state businesses. See Brown–Forman Distillers Corp. v. New York State Liquor **1641 While it is doubtful that any State, or indeed any Authority, 476 U.S. 573, 579, 106 S.Ct. 2080, 2084, 90 reasonable person, would argue that it is wise policy to L.Ed.2d 552 (1986) (citing Pike v. Bruce Church, Inc., allow students to carry guns on school premises, considerable 397 U.S. 137, 142, 90 S.Ct. 844, 847, 25 L.Ed.2d 174 disagreement exists about how best to accomplish that goal. In (1970)). Distinguishing between regulations that do place this circumstance, the theory and utility of our federalism are an undue burden on interstate commerce and regulations revealed, for the States may perform their role as laboratories that do not depends upon delicate judgments. True, if we for experimentation to devise various solutions where the invalidate a state law, Congress can in effect overturn our best solution is far from clear. See San Antonio Independent judgment, whereas in a case announcing that Congress has School Dist. v. Rodriguez, 411 U.S. 1, 49–50, 93 S.Ct. transgressed its authority, the decision is more consequential, 1278, 1304–05, 36 L.Ed.2d 16 (1973); New State Ice Co. v. for it stands unless Congress can revise its law to demonstrate Liebmann, 285 U.S. 262, 311, 52 S.Ct. 371, 386–87, 76 L.Ed. its commercial character. This difference no doubt informs the 747 (1932) (Brandeis, J., dissenting).

expulsion for students with guns and intense semester-long If a State or municipality determines that harsh criminal reentry program). sanctions are necessary and wise to deter students from carrying guns on school premises, the reserved powers of *583 The statute now before us forecloses the States from the States are sufficient to enact those measures. Indeed, experimenting and exercising their own judgment in an area over 40 States already have criminal laws outlawing the to which States lay claim by right of history and expertise, possession of firearms on or near school grounds. See, and it does so by regulating an activity beyond the realm e.g., Alaska Stat.Ann. §§ 11.61.195(a)(2)(A), 11.61.220(a) of commerce in the ordinary and usual sense of that term. (4)(A) (Supp.1994); Cal.Penal Code Ann. § 626.9 (West The tendency of this statute to displace state regulation in Supp.1994); Mass.Gen.Laws c. 269, § 10(j) (1992); areas of traditional state concern is evident from its territorial N.J.Stat.Ann. § 2C:39–5(e) (West Supp.1994); Va.Code Ann. operation. There are over 100,000 elementary and secondary § 18.2–308.1 (1988); Wis.Stat. § 948.605 (1991–1992). schools in the United States. See U.S. Dept. of Education, National Center for Education Statistics, Digest of Education Other, more practicable means to rid the schools of guns may Statistics 73, 104 (NCES 94–115, 1994) (Tables 63, 94). Each be thought by the citizens of some States to be preferable of these now has an invisible federal zone extending 1,000 for the safety and welfare of the schools those States are feet beyond the (often irregular) boundaries of the school *582 charged with maintaining. See Brief for National property. In some communities no doubt it would be difficult Conference of State Legislatures et al. as Amici Curiae 26– to navigate without infringing on those zones. Yet throughout 30 (injection of federal officials into local problems causes these areas, school officials would find their own programs friction and diminishes political accountability of state and for the prohibition **1642 of guns in danger of displacement local governments). These might include inducements to by the federal authority unless the State chooses to enact a inform on violators where the information leads to arrests parallel rule. or confiscation of the guns, see Lima, Schools May Launch Weapons Hot Line, Los Angeles Times, Ventura County East This is not a case where the etiquette of federalism has been ed., Jan. 13, 1995, p. B1, col. 5; Reward for Tips on Guns violated by a formal command from the National Government in Tucson Schools, The Arizona Republic, Jan. 7, 1995, p. directing the State to enact a certain policy, cf. New York v. B2; programs to encourage the voluntary surrender of guns United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d 120 with some provision for amnesty, see Zaidan, Akron Rallies (1992), or to organize its governmental functions in a certain to Save Youths, The Plain Dealer, Mar. 2, 1995, p. 1B; way, cf. FERC v. Mississippi, 456 U.S., at 781, 102 S.Ct., Swift, Legislators Consider Plan to Get Guns Off Streets, at 2149 (O'CONNOR, J., concurring in judgment in part and Hartford Courant, Apr. 29, 1992, p. A4; penalties imposed dissenting in part). While the intrusion on state sovereignty on parents or guardians for failure to supervise the child, see, may not be as severe in this instance as in some of our e.g., Okla.Stat., Tit. 21, § 858 (Supp.1995) (fining parents recent Tenth Amendment cases, the intrusion is nonetheless who allow students to possess firearm at school); Tenn.Code significant. Absent a stronger connection or identification Ann. § 39–17–1312 (Supp.1992) (misdemeanor for parents to with commercial concerns that are central to the Commerce allow student to possess firearm at school); Straight Shooter: Clause, that interference contradicts the federal balance the Gov. Casey's Reasonable Plan to Control Assault Weapons, Framers designed and that this Court is obliged to enforce. Pittsburgh Post–Gazette, Mar. 14, 1994, p. B2 (proposed bill); Bailey, Anti–Crime Measures Top Legislators' Agenda, Los For these reasons, I join in the opinion and judgment of the Angeles Times, Orange Cty. ed., Mar. 7, 1994, p. B1, col. 2 Court. (same); Krupa, New Gun–Control Plans Could Tighten Local Law, The Boston Globe, June 20, 1993, p. 29; laws providing *584 Justice THOMAS, concurring. for suspension or expulsion of gun-toting students, see, e.g., The Court today properly concludes that the Commerce Ala.Code § 16–1–24.1 (Supp.1994); Ind.Code § 20–8.1–5– Clause does not grant Congress the authority to prohibit gun 4(b)(1)(D) (1993); Ky.Rev.Stat.Ann. § 158.150(1)(a) (Michie possession within 1,000 feet of a school, as it attempted to 1992); Wash.Rev.Code § 9.41.280 (1994), or programs for do in the Gun–Free School Zones Act of 1990, Pub.L. 101– expulsion with assignment to special facilities, see Martin, 647, 104 Stat. 4844. Although I join the majority, I write Legislators Poised to Take Harsher Stand on Guns in Schools, separately to observe that our case law has drifted far from the The Seattle Times, Feb. 1, 1995, p. B1 (automatic year-long original understanding of the Commerce Clause. In a future

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 16 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 case, we ought to temper our Commerce Clause jurisprudence In an appropriate case, I believe that we must further in a manner that both makes sense of our more recent case reconsider our “substantial effects” test with an eye toward law and is more faithful to the original understanding of that constructing a standard that reflects the text and history of Clause. the Commerce Clause without totally rejecting **1643 our more recent Commerce Clause jurisprudence. We have said that Congress may regulate not only “Commerce ... among the several States,” U.S. Const., Art. Today, however, I merely support the Court's conclusion I, § 8, cl. 3, but also anything that has a “substantial effect” with a discussion of the text, structure, and history of the on such commerce. This test, if taken to its logical extreme, Commerce Clause and an analysis of our early case law. would give Congress a “police power” over all aspects My goal is simply to show how far we have departed from of American life. Unfortunately, we have never come to the original understanding and to demonstrate that the result grips with this implication of our substantial effects formula. we reach today is by no means “radical,” see post, at 1651 Although we have supposedly applied the substantial effects (STEVENS, J., dissenting). I also want to point out the test for the past 60 years, we always have rejected readings necessity of refashioning a coherent test that does not tend to of the Commerce Clause and the scope of federal power “obliterate the distinction between what is national and what that would permit Congress to exercise a police power; our is local and create a completely centralized government.” cases are quite clear that there are real limits to federal Jones & Laughlin Steel Corp., supra, at 37, 57 S.Ct., at 624. power. See New York v. United States, 505 U.S. 144, 155, 112 S.Ct. 2408, 2417, 120 L.Ed.2d 120 (1992) (“[N]o one disputes the proposition that ‘[t]he Constitution created a I Federal Government of limited powers' ”) (quoting Gregory v. Ashcroft, 501 U.S. 452, 457, 111 S.Ct. 2395, 2399, 115 At the time the original Constitution was ratified, L.Ed.2d 410 (1991); Maryland v. Wirtz, 392 U.S. 183, 196, 88 “commerce” consisted of selling, buying, and bartering, as S.Ct. 2017, 2023–24, 20 L.Ed.2d 1020 (1968); NLRB v. Jones well as transporting for these purposes. See 1 S. Johnson, & Laughlin Steel Corp., 301 U.S. 1, 37, 57 S.Ct. 615, 624, 81 A Dictionary *586 of the English Language 361 (4th L.Ed. 893 (1937). Cf. Chisholm v. Georgia, 2 Dall. 419, 435, ed. 1773) (defining commerce as “Intercour[s]e; exchange 1 L.Ed. 440 (1793) (Iredell, J.) (“Each State in the Union is of one thing for another; interchange of any thing; trade; sovereign as to all the powers reserved. It must necessarily be traffick”); N. Bailey, An Universal Etymological English so, because the United States have no claim to any authority Dictionary (26th ed. 1789) (“trade or traffic”); T. Sheridan, but such as the States have surrendered to them”) (emphasis A Complete Dictionary of the English Language (6th ed. deleted). Indeed, on this crucial point, the majority and Justice 1796) (“Exchange of one thing for another; trade, traffick”). BREYER agree in principle: The Federal *585 Government This understanding finds support in the etymology of the has nothing approaching a police power. Compare ante, at word, which literally means “with merchandise.” See 3 1628–1629, with post, at 1661–1662. Oxford English Dictionary 552 (2d ed. 1989) (com—“with”; merci—“merchandise”). In fact, when Federalists and Anti– While the principal dissent concedes that there are limits Federalists discussed the Commerce Clause during the to federal power, the sweeping nature of our current test ratification period, they often used trade (in its selling/ enables the dissent to argue that Congress can regulate bartering sense) and commerce interchangeably. See The gun possession. But it seems to me that the power to Federalist No. 4, p. 22 (J. Jay) (asserting that countries regulate “commerce” can by no means encompass authority will cultivate our friendship when our “trade” is prudently over mere gun possession, any more than it empowers regulated by Federal Government);1 id., No. 7, at 39–40 (A. the Federal Government to regulate marriage, littering, Hamilton) (discussing “competitions of commerce” between or cruelty to animals, throughout the 50 States. Our States resulting from state “regulations of trade”); id., No. 40, Constitution quite properly leaves such matters to the at 262 (J. Madison) (asserting that it was an “acknowledged individual States, notwithstanding these activities' effects on object of the Convention ... that the regulation of trade should interstate commerce. Any interpretation of the Commerce be submitted to the general government”); Lee, Letters of a Clause that even suggests that Congress could regulate such Federal Farmer No. 5, in Pamphlets on the Constitution of the matters is in need of reexamination. United States 319 (P. Ford ed. 1888); Smith, An Address to the People of the State of New York, in id., at 107.

with the Indian Tribes.” In contrast, the Constitution itself 1 All references to The Federalist are to the Jacob E. Cooke temporarily prohibited amendments that would “affect” 1961 edition. Congress' lack of authority to prohibit or restrict the slave trade or to enact unproportioned direct taxation. Art. V. As one would expect, the term “commerce” was used Clearly, the Framers could have drafted a Constitution in contradistinction to productive activities such as that contained a “substantially affects interstate commerce” manufacturing and agriculture. Alexander Hamilton, for Clause had that been their objective. example, repeatedly treated commerce, agriculture, and manufacturing as three separate endeavors. See, e.g., The 2 Federalist No. 36, at 224 (referring to “agriculture, commerce, Even to speak of “the Commerce Clause” perhaps manufactures”); id., No. 21, at 133 (distinguishing commerce, obscures the actual scope of that Clause. As an original matter, Congress did not have authority to regulate all arts, and industry); id., No. 12, at 74 (asserting that commerce commerce; Congress could only “regulate Commerce and agriculture have shared interests). The same distinctions with foreign Nations, and among the several States, and *587 were made in the state ratification conventions. with the Indian Tribes.” U.S. Const., Art. I, § 8, cl. See, e.g., 2 Debates in the Several State Conventions on 3. Although the precise line between interstate/foreign the Adoption of the Federal Constitution 57 (J. Elliot ed. commerce and purely intrastate commerce was hard to 1836) (hereinafter Debates) (T. Dawes at Massachusetts draw, the Court attempted to adhere to such a line for the convention); id., at 336 (M. Smith at New York convention). first 150 years of our Nation. See infra, at 1646–1649. In addition to its powers under the Commerce Clause, Moreover, interjecting a modern sense of commerce into Congress has the authority to enact such laws as are the Constitution generates significant textual and structural “necessary and proper” to carry into execution its power to problems. For example, one cannot replace “commerce” with regulate commerce among the several States. U.S. Const., a different type of enterprise, such as manufacturing. When Art. I, § 8, cl. 18. But on this Court's understanding of a manufacturer produces a car, assembly cannot take place congressional power under these two Clauses, many of “with a foreign nation” or “with the Indian Tribes.” Parts Congress' other enumerated powers under Art. I, § 8, are may come from different States or other nations and hence wholly superfluous. After all, if Congress may regulate all may have been in the flow of commerce at one time, but matters that substantially affect commerce, there is no need manufacturing takes place at a discrete site. Agriculture and for the Constitution to specify that Congress may enact manufacturing involve the production of goods; commerce bankruptcy laws, cl. 4, or coin money and fix the standard encompasses traffic in such articles. of weights and measures, cl. 5, or punish counterfeiters of United States coin and securities, cl. 6. Likewise, Congress The Port Preference Clause also suggests that the term would not need the separate authority to establish post offices “commerce” denoted sale and/or transport rather than and post roads, cl. 7, or to grant patents and copyrights, cl. business generally. According to that Clause, “[n]o Preference 8, or to “punish Piracies and Felonies committed on the high shall be given by any Regulation of Commerce or Revenue Seas,” cl. 10. It might not even need the power to raise and to the Ports of one State over those of another.” U.S. Const., support an Army and Navy, cls. 12 and 13, for fewer people Art. I, § 9, cl. 6. Although it is possible to **1644 conceive would engage in commercial shipping if they thought that of regulations of manufacturing or farming that prefer one a foreign power could expropriate their property with ease. port over another, the more natural reading is that the Clause Indeed, if Congress could regulate matters that substantially prohibits Congress from using its commerce power to channel affect interstate commerce, there would have been no need commerce through certain favored ports. to specify *589 that Congress can regulate international trade and commerce with the Indians. As the Framers surely The Constitution not only uses the word “commerce” in a understood, these other branches of trade substantially affect narrower sense than our case law might suggest, it also does interstate commerce. not support the proposition that Congress has authority over all activities that “substantially affect” interstate commerce. Put simply, much if not all of Art. I, § 8 (including portions of 2 The Commerce Clause does not state that Congress may the Commerce Clause itself), would be surplusage if Congress *588 “regulate matters that substantially affect commerce had been given authority over matters that substantially affect with foreign Nations, and among the several States, and interstate commerce. An interpretation of cl. 3 that makes

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 18 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 the rest of § 8 superfluous simply cannot be correct. Yet this and manufacturers were the primary articles of commerce Court's Commerce Clause jurisprudence has endorsed just at the time. If commerce was more robust as a result of such an interpretation: The power we have accorded Congress federal superintendence, farmers and manufacturers could has swallowed Art. I, § 8.3 benefit. Thus, Oliver Ellsworth of Connecticut attempted to convince farmers of the benefits of regulating commerce. “Your property and riches depend on a ready demand and 3 There are other powers granted to Congress outside of generous price for the produce you can annually spare,” he Art. I, § 8, that may become wholly superfluous as wrote, and these conditions exist “where trade flourishes well due to our distortion of the Commerce Clause. For instance, Congress has plenary power over the District of and when the merchant can freely export the produce of Columbia and the territories. See U.S. Const., Art. I, § 8, the country” to nations that will pay the highest price. A cl. 17, and Art. IV, § 3, cl. 2. The grant of comprehensive Landholder No. 1, Connecticut Courant, Nov. 5, 1787, in 3 legislative power over certain areas of the Nation, when Documentary History of the Ratification of the Constitution read in conjunction with the rest of the Constitution, 399 (M. Jensen ed. 1978) (hereinafter Documentary History). further confirms that Congress was not ceded plenary See also The Federalist No. 35, at 219 (A. Hamilton) authority over the whole Nation. (“[D]iscerning citizens are well aware that the mechanic Indeed, if a “substantial effects” test can be appended to and manufacturing arts furnish the materials of mercantile the Commerce Clause, why not to every other power of the enterprise and industry. Many of them indeed are immediately Federal Government? There is no reason for singling out connected with the operations of commerce. They know that the Commerce Clause for special treatment. Accordingly, the merchant is their natural patron and friend”); id., at 221 Congress could regulate all matters that “substantially (“Will not the merchant ... be disposed to cultivate ... the affect” the Army and Navy, bankruptcies, tax collection, interests of the mechanic and manufacturing arts to which expenditures, and so on. In that case, the Clauses of § 8 all his commerce is so nearly allied?”); A Jerseyman: To the mutually overlap, something we can assume the Founding Citizens of New Jersey, Trenton Mercury, Nov. 6, 1787, Fathers never intended. in 3 Documentary History 147 (noting that agriculture will serve as *591 a “source of commerce”); Marcus, The New **1645 Our construction of the scope of congressional Jersey Journal, Nov. 14, 1787, id., at 152 (both the mechanic authority has the additional problem of coming close to and the farmer benefit from the prosperity of commerce). turning the Tenth Amendment on its head. Our case law William Davie, a delegate to the North Carolina Convention, could be read to reserve to the United States all powers illustrated the close link best: “Commerce, sir, is the nurse of not expressly prohibited by the Constitution. Taken together, [agriculture and manufacturing]. The merchant furnishes the these fundamental textual problems should, at the very least, planter with such articles as he cannot manufacture himself, convince us that the “substantial effects” test should be and finds him a market for his produce. Agriculture cannot reexamined. flourish if commerce languishes; they are mutually dependent on each other.” 4 Debates 20.

Yet, despite being well aware that agriculture, manufacturing, II *590 and other matters substantially affected commerce, the The exchanges during the ratification campaign reveal the founding generation did not cede authority over all these relatively limited reach of the Commerce Clause and of activities to Congress. Hamilton, for instance, acknowledged federal power generally. The Founding Fathers confirmed that the Federal Government could not regulate agriculture that most areas of life (even many matters that would have and like concerns: substantial effects on commerce) would remain outside the “The administration of private justice between the citizens reach of the Federal Government. Such affairs would continue of the same State, the supervision of agriculture and of to be under the exclusive control of the States. other concerns of a similar nature, all those things in short which are proper to be provided for by local legislation, Early Americans understood that commerce, manufacturing, can never be desirable cares of a general jurisdiction.” The and agriculture, while distinct activities, were intimately Federalist No. 17, at 106. related and dependent on each other—that each “substantially affected” the others. After all, items produced by farmers

In the unlikely event that the Federal Government would connected with the regulation of commerce.” The Federalist attempt to exercise authority over such matters, its effort No. 42, at 287. Likewise, Hamilton urged that “[i]f we mean “would be as troublesome as it would be nugatory.” Ibid.4 to be a commercial people or even to be secure on our Atlantic side, we must endeavour as soon as possible to have a navy.” Id., No. 24, at 157. 4 Cf. 3 Debates 40 (E. Pendleton at the Virginia convention) (The proposed Federal Government “does In short, the Founding Fathers were well aware of what the not intermeddle with the local, particular affairs of the states. Can Congress legislate for the state of Virginia? principal dissent calls “ ‘economic ... realities.’ ” See *593 Can [it] make a law altering the form of transferring post, at 1662 (BREYER, J.) (quoting North American Co. v. property, or the rule of descents, in Virginia?”); id., at SEC, 327 U.S. 686, 705, 66 S.Ct. 785, 796, 90 L.Ed. 945 553 (J. Marshall at the Virginia convention) (denying (1946)). Even though the boundary between commerce and that Congress could make “laws affecting the mode of other matters may ignore “economic reality” and thus seem transferring property, or contracts, or claims, between arbitrary or artificial to some, we must nevertheless respect citizens of the same state”); The Federalist No. 33, at a constitutional line that does not grant Congress power over 206 (A. Hamilton) (denying that Congress could change all that substantially affects interstate commerce. laws of descent or could pre-empt a land tax); A Native of Virginia: Observations upon the Proposed Plan of Federal Government, Apr. 2, 1788, in 9 Documentary History 692 (States have sole authority over “rules of III property”). If the principal dissent's understanding of our early case law **1646 *592 The comments of Hamilton and others about were correct, there might be some reason to doubt this view federal power reflected the well-known truth that the new of the original understanding of the Constitution. According Government would have only the limited and enumerated to that dissent, Chief Justice Marshall's opinion in Gibbons powers found in the Constitution. See, e.g., 2 Debates 267– v. Ogden, 9 Wheat. 1, 6 L.Ed. 23 (1824), established that 268 (A. Hamilton at New York Convention) (noting that Congress may control all local activities that “significantly there would be just cause for rejecting the Constitution if it affect interstate commerce,” post, at 1657. And, “with the would enable the Federal Government to “alter, or abrogate ... exception of one wrong turn subsequently corrected,” this has [a State's] civil and criminal institutions [or] penetrate the been the “traditiona[l]” method of interpreting the Commerce recesses of domestic life, and control, in all respects, the Clause. Post, at 1665 (citing Gibbons and United States v. private conduct of individuals”); The Federalist No. 45, at Darby, 312 U.S. 100, 116–117, 61 S.Ct. 451, 458–459, 85 313 (J. Madison); 3 Debates 259 (J. Madison) (Virginia L.Ed. 609 (1941)). Convention); R. Sherman & O. Ellsworth, Letter to Governor Huntington, Sept. 26, 1787, in 3 Documentary History 352; J. In my view, the dissent is wrong about the holding and Wilson, Speech in the State House Yard, Oct. 6, 1787, in 2 id., reasoning of Gibbons. Because this error leads the dissent to at 167–168. Agriculture and manufacture, since they were not characterize the first 150 years of this Court's case law as surrendered to the Federal Government, were state concerns. a “wrong turn,” I feel compelled to put the last 50 years in See The Federalist No. 34, at 212–213 (A. Hamilton) proper perspective. (observing that the “internal encouragement of agriculture and manufactures” was an object of state expenditure). Even before the passage of the Tenth Amendment, it was apparent that Congress would possess only those powers “herein A granted” by the rest of the Constitution. Art. I, § 1. In Gibbons, the Court examined whether a federal law that licensed ships to engage in the “coasting trade” Where the Constitution was meant to grant federal authority preempted a New York law granting a 30–year monopoly over an activity substantially affecting interstate commerce, to Robert Livingston and Robert Fulton to navigate the the Constitution contains an enumerated power over that State's waterways by steamship. In concluding that it did, particular activity. Indeed, the Framers knew that many of the Court noted that Congress could regulate “navigation” the other enumerated powers in § 8 dealt with matters because “[a]ll America ... has uniformly understood, the that substantially affected interstate commerce. Madison, for word ‘commerce,’ to comprehend navigation. It was instance, spoke of the bankruptcy power as being “intimately **1647

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 20 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 so understood, and must have been so understood, when the There is a much better interpretation of the “affect[s]” constitution was framed.” 9 Wheat., at 190. The Court also language: Because the Court had earlier noted that the observed *594 that federal power over commerce “among commerce power did not extend to wholly intrastate the several States” meant that Congress could regulate commerce, the Court was acknowledging that although commerce conducted partly within a State. Because a portion the line between intrastate and interstate/foreign commerce of interstate commerce and foreign commerce would almost would be difficult to draw, federal authority could not be always take place within one or more States, federal power construed to cover purely intrastate commerce. Commerce over interstate and foreign commerce necessarily would that did not affect another State could never be said to be extend into the States. Id., at 194–196. commerce “among the several States.”

At the same time, the Court took great pains to make clear that But even if one were to adopt the dissent's reading, the Congress could not regulate commerce “which is completely “affect[s]” language, at most, permits Congress to regulate internal, which is carried on between man and man in a only intrastate commerce that substantially affects interstate State, or between different parts of the same State, and and foreign commerce. There is no reason to believe that which does not extend to or affect other States.” Id., at Chief Justice Marshall was asserting that Congress could 194. Moreover, while suggesting that the Constitution might regulate all activities that affect interstate commerce. See ibid. not permit States to regulate interstate or foreign commerce, the Court observed that “[i]nspection laws, quarantine laws, The second source of confusion stems from the Court's praise health laws of every description, as well as laws for regulating for the Constitution's division of power between the States the internal commerce of a State” were but a small part “of that and the Federal Government: immense mass of legislation ... not surrendered to a general government.” Id., at 203. From an early moment, the Court “The genius and character of the whole government seem rejected the notion that Congress can regulate everything that to be, that its action is to be applied to all the external affects interstate commerce. That the internal commerce of concerns of the nation, and to those internal concerns which the States and the numerous state inspection, quarantine, and affect the States generally; but not to those which are health laws had substantial effects on interstate commerce completely within a particular State, which do not affect cannot be doubted. Nevertheless, they were not “surrendered other States, and with which it is not necessary to interfere, to the general government.” for the purpose of executing some of the general powers of the government.” Id., at 195. Of course, the principal dissent is not the first to misconstrue Gibbons. For instance, the Court has stated that Gibbons *596 In this passage, the Court merely was making the well “described the federal commerce power with a breadth never understood point that the Constitution commits matters of yet exceeded.” Wickard v. Filburn, 317 U.S. 111, 120, 63 S.Ct. “national” concern to Congress and leaves “local” matters 82, 87, 87 L.Ed. 122 (1942). See also Perez v. United States, **1648 to the States. The Court was not saying that 402 U.S. 146, 151, 91 S.Ct. 1357, 1360, 28 L.Ed.2d 686 whatever Congress believes is a national matter becomes an (1971) (claiming that with Darby and Wickard, “the broader object of federal control. The matters of national concern view of the Commerce Clause announced by Chief Justice are enumerated in the Constitution: war, taxes, patents, and Marshall had been restored”). I believe that this misreading copyrights, uniform rules of naturalization and bankruptcy, stems from two statements in Gibbons. types of commerce, and so on. See generally Art. I, § 8. Gibbons' emphatic statements that Congress could not First, the Court made the uncontroversial claim that federal regulate many matters that affect commerce confirm that the power does not encompass “commerce ” that “does *595 Court did not read the Commerce Clause as granting Congress not extend to or affect other States.” 9 Wheat., at 194 control over matters that “affect the States generally.”5 (emphasis added). From this statement, the principal dissent Gibbons simply cannot be construed as the principal dissent infers that whenever an activity affects interstate commerce, it would have it. necessarily follows that Congress can regulate such activities. Of course, Chief Justice Marshall said no such thing and the 5 None of the other Commerce Clause opinions during inference the dissent makes cannot be drawn. Chief Justice Marshall's tenure, which concerned the “dormant” Commerce Clause, even suggested that

Congress had authority over all matters substantially United States v. Dewitt, 9 Wall. 41, 19 L.Ed. 593 (1870), affecting commerce. See Brown v. Maryland, 12 Wheat. marked the first time the Court struck down a federal law as 419, 6 L.Ed. 678 (1827); Willson v. Black Bird Creek exceeding the power conveyed by the Commerce Clause. In Marsh Co., 2 Pet. 245, 7 L.Ed. 412 (1829). a two-page opinion, the Court invalidated a nationwide law prohibiting all sales of naphtha and illuminating oils. In so doing, the Court remarked that the Commerce Clause “has B always been understood as limited by its terms; and as a I am aware of no cases prior to the New Deal that virtual denial of any power to interfere with the internal trade characterized the power flowing from the Commerce Clause and business of the separate States.” Id., at 44. The law in as sweepingly as does our substantial effects test. My review question was “plainly a regulation of police,” which could of the case law indicates that the substantial effects test is but have constitutional application only where Congress had an innovation of the 20th century. exclusive authority, such as the territories. Id., at 44–45. See also License Tax Cases, 5 Wall. 462, 470–471, 18 L.Ed. 497 Even before Gibbons, Chief Justice Marshall, writing for the (1867) (Congress cannot interfere with the internal commerce Court in Cohens v. Virginia, 6 Wheat. 264, 5 L.Ed. 257 (1821), and business of a State); Trade–Mark Cases, 100 U.S. 82, 25 noted that Congress had “no general right to punish murder L.Ed. 550 (1879) (Congress *598 cannot regulate internal committed within any of the States,” id., at 426, and that it commerce and thus may not establish national trademark was “clear that congress cannot punish felonies generally,” registration). id., at 428. The Court's only qualification was that Congress could enact such laws for places where it enjoyed plenary In United States v. E.C. Knight Co., 156 U.S. 1, 15 S.Ct. 249, powers—for instance, over the District of Columbia. Id., at 39 L.Ed. 325 (1895), this Court held that mere attempts to 426. Thus, whatever effect ordinary murders, or robbery, or monopolize the manufacture of sugar could not be regulated gun possession might have on interstate commerce (or on any pursuant to the Commerce Clause. **1649 Raising echoes *597 other subject of federal concern) was irrelevant to the of the discussions of the Framers regarding the intimate relationship between commerce and manufacturing, the Court question of congressional power.6 declared that “[c]ommerce succeeds to manufacture, and is not a part of it.” Id., at 12, 15 S.Ct., at 253. The Court also 6 It is worth noting that Congress, in the first federal approvingly quoted from Kidd v. Pearson, 128 U.S. 1, 20, 9 criminal Act, did not establish nationwide prohibitions S.Ct. 6, 9–10, 32 L.Ed. 346 (1888): against murder and the like. See Act of Apr. 30, 1790, ch. 9, 1 Stat. 112. To be sure, Congress outlawed “ ‘No distinction is more popular to the common mind, or murder, manslaughter, maiming, and larceny, but only more clearly expressed in economic and political literature, when those acts were either committed on United States than that between manufacture and commerce.... If it be territory not part of a State or on the high seas. Ibid. See held that the term [commerce] includes the regulation of U.S. Const., Art. I, § 8, cl. 10 (authorizing Congress to all such manufactures as are intended to be the subject of outlaw piracy and felonies on high seas); Art. IV, § 3, commercial transactions in the future, it is impossible to cl. 2 (plenary authority over United States territory and property). When Congress did enact nationwide criminal deny that it would also include all productive industries laws, it acted pursuant to direct grants of authority found that contemplate the same thing. The result would be that in the Constitution. Compare Act of Apr. 30, 1790, Congress would be invested ... with the power to regulate, supra, §§ 1 and 14 (prohibitions against treason and not only manufactures, but also agriculture, horticulture, the counterfeiting of U.S. securities), with U.S. Const., stock raising, domestic fisheries, mining—in short, every Art. I, § 8, cl. 6 (counterfeiting); Art. III, § 3, cl. 2 branch of human industry.’ ” E.C. Knight, supra, 156 U.S., (treason). Notwithstanding any substantial effects that at 14, 15 S.Ct., at 254. murder, kidnaping, or gun possession might have had on If federal power extended to these types of production interstate commerce, Congress understood that it could “comparatively little of business operations and affairs would not establish nationwide prohibitions. be left for state control.” Id., at 16, 15 S.Ct., at 255. See Likewise, there were no laws in the early Congresses also Newberry v. United States, 256 U.S. 232, 257, 41 that regulated manufacturing and agriculture. Nor was S.Ct. 469, 474, 65 L.Ed. 913 (1921) (“It is settled ... that there any statute that purported to regulate activities with “substantial effects” on interstate commerce. the power to regulate interstate and foreign commerce does not reach whatever is essential thereto. Without agriculture,

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 22 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 manufacturing, mining, etc., commerce could not exist, but this fact does not suffice to subject them to the control of IV Congress”). Whether or not manufacturing, agriculture, or other matters substantially affected interstate commerce was Apart from its recent vintage and its corresponding lack of any irrelevant. grounding in the original understanding of the Constitution, the substantial effects test suffers from the further *600 *599 As recently as 1936, the Court continued to insist flaw that it appears to grant Congress a police power over that the Commerce Clause did not reach the wholly internal the Nation. When asked at oral argument if there were any business of the States. See Carter v. Carter Coal Co., 298 limits to the Commerce Clause, the Government was at a loss U.S. 238, 308, 56 S.Ct. 855, 871–872, 80 L.Ed. 1160 (1936) for words. Tr. of Oral Arg. 5. Likewise, the principal dissent (Congress may not regulate mine labor because “[t]he relation insists that there are limits, but it cannot muster even one of employer and employee is a local relation”); see also example. Post, at 1661–1662. Indeed, the dissent implicitly A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. concedes that its reading has no limits when it criticizes the 495, 543–550, 55 S.Ct. 837, 848–852, 79 L.Ed. 1570 (1935) Court for “threaten[ing] legal uncertainty in **1650 an area (holding that Congress may not regulate intrastate sales of of law that ... seemed reasonably well settled.” Post, at 1664– sick chickens or the labor of employees involved in intrastate 1665. The one advantage of the dissent's standard is certainty: poultry sales). The Federal Government simply could not It is certain that under its analysis everything may be regulated reach such subjects regardless of their effects on interstate under the guise of the Commerce Clause. commerce. The substantial effects test suffers from this flaw, in part, These cases all establish a simple point: From the time of because of its “aggregation principle.” Under so-called “class the ratification of the Constitution to the mid–1930's, it was of activities” statutes, Congress can regulate whole categories widely understood that the Constitution granted Congress of activities that are not themselves either “interstate” or only limited powers, notwithstanding the Commerce Clause.7 “commerce.” In applying the effects test, we ask whether the Moreover, there was no question that activities wholly class of activities as a whole substantially affects interstate separated from business, such as gun possession, were beyond commerce, not whether any specific activity within the class the reach of the commerce power. If anything, the “wrong has such effects when considered in isolation. See Maryland turn” was the Court's dramatic departure in the 1930's from a v. Wirtz, 392 U.S., at 192–193, 88 S.Ct., at 2021–2022 (if class century and a half of precedent. of activities is “ ‘within the reach of federal power,’ ” courts may not excise individual applications as trivial) (quoting 7 To be sure, congressional power pursuant to the Darby, 312 U.S., at 120–121, 61 S.Ct., at 460–461). Commerce Clause was alternatively described less narrowly or more narrowly during this 150–year period. The aggregation principle is clever, but has no stopping point. Compare United States v. Coombs, 12 Pet. 72, 78, 9 L.Ed. Suppose all would agree that gun possession within 1,000 1004 (1838) (commerce power “extends to such acts, feet of a school does not substantially affect commerce, but done on land, which interfere with, obstruct, or prevent that possession of weapons generally (knives, brass knuckles, the due exercise of the power to regulate [interstate nunchakus, etc.) does. Under our substantial effects doctrine, and international] commerce” such as stealing goods even though Congress cannot single out gun possession, it from a beached ship), with United States v. E.C. Knight can prohibit weapon possession generally. But one always Co., 156 U.S. 1, 13, 15 S.Ct. 249, 254, 39 L.Ed. 325 can draw the circle broadly enough to cover an activity that, (1895) (“Contracts to buy, sell, or exchange goods to be when taken in isolation, would not have substantial effects on transported among the several States, the transportation commerce. Under our jurisprudence, if Congress passed an and its instrumentalities ... may be regulated, but this is omnibus “substantially affects interstate commerce” statute, because they form part of interstate trade or commerce”). During this period, however, this Court never held that purporting to regulate every aspect of human existence, the Congress could regulate everything that substantially Act apparently would be constitutional. *601 Even though affects commerce. particular sections may govern only trivial activities, the statute in the aggregate regulates matters that substantially affect commerce.

power, I would think that they, too, must be willing to reconsider the substantial effects test in a future case. If V we wish to be true to a Constitution that does not cede This extended discussion of the original understanding a police power to the Federal Government, our Commerce and our first century and a half of case law does not Clause's boundaries simply cannot be “defined” as being “ necessarily require a wholesale abandonment of our more ‘commensurate with the national needs' ” or self-consciously intended **1651 to let the Federal Government “ ‘defend recent opinions.8 It simply reveals that our substantial effects itself against economic forces that Congress decrees inimical test is far removed from both the Constitution and from our or destructive of the national economy.’ ” See post, at 1662 early case law and that the Court's opinion should not be (BREYER, J., dissenting) (quoting North American Co. v. viewed as “radical” or another “wrong turn” that must be 9 SEC, 327 U.S., at 705, 66 S.Ct., at 796). Such a formulation corrected in the future. The analysis also suggests that we of federal power is no test at all: It is a blank check. ought to temper our Commerce Clause jurisprudence. At an appropriate juncture, I think we must modify our 8 Although I might be willing to return to the original Commerce Clause jurisprudence. Today, it is easy enough to understanding, I recognize that many believe that it is too say that the Clause certainly does not empower Congress to late in the day to undertake a fundamental reexamination ban gun possession within 1,000 feet of a school. of the past 60 years. Consideration of stare decisis and reliance interests may convince us that we cannot wipe the slate clean. Justice STEVENS, dissenting. 9 Nor can the majority's opinion fairly be compared The welfare of our future “Commerce with foreign Nations, to Lochner v. New York, 198 U.S. 45, 25 S.Ct. and among the several States,” U.S. Const., Art. I, § 8, cl. 3, 539, 49 L.Ed. 937 (1905). See post, at 1651–1654 is vitally dependent on the character of the education of our (SOUTER, J., dissenting). Unlike Lochner and our more children. I therefore agree entirely with Justice BREYER's recent “substantive due process” cases, today's decision enforces only the Constitution and not “judicial policy explanation of why Congress has ample power to prohibit judgments.” See post, at 1653. Notwithstanding Justice the possession of firearms in or near schools—just as it SOUTER's discussion, “ ‘commercial’ character” is not may protect the school environment from harms posed by only a natural but an inevitable “ground of Commerce controlled substances such as asbestos or alcohol. I also agree Clause distinction.” See post, at 1654 (emphasis added). with Justice SOUTER's exposition of the radical character of Our invalidation of the Gun–Free School Zones Act the Court's holding and its kinship with the discredited, pre- therefore falls comfortably within our proper role in Depression version of substantive due process. Cf. Dolan v. reviewing federal legislation to determine if it exceeds City of Tigard, 512 U.S. 374, 405–411, 114 S.Ct. 2309, 2326– congressional authority as defined by the Constitution 2330, 129 L.Ed.2d 304 (1994) (STEVENS, J., dissenting). itself. As John Marshall put it: “If [Congress] were I believe, however, that the Court's extraordinary decision to make a law not warranted by any of the powers merits this additional comment. enumerated, it would be considered by the judges as an infringement of the Constitution which they are Guns are both articles of commerce and articles that to guard.... They would declare it void.” 3 Debates 553 (before the Virginia ratifying convention); see also can be used to restrain commerce. Their possession is The Federalist No. 44, at 305 (J. Madison) (asserting the consequence, *603 either directly or indirectly, of that if Congress exercises powers “not warranted by commercial activity. In my judgment, Congress' power to [the Constitution's] true meaning” the judiciary will regulate commerce in firearms includes the power to prohibit defend the Constitution); id., No. 78, at 526 (A. possession of guns at any location because of their potentially Hamilton) (asserting that the “courts of justice are to harmful use; it necessarily follows that Congress may also be considered as the bulwarks of a limited constitution prohibit their possession in particular markets. The market against legislative encroachments”). Where, as here, for the possession of handguns by school-age children is, there is a case or controversy, there can be no “misstep,” distressingly, substantial.* Whether or not the national interest post, at 1657, in enforcing the Constitution. in eliminating that market would have justified federal *602 Unless the dissenting Justices are willing to repudiate legislation in 1789, it surely does today. our long-held understanding of the limited nature of federal

* Indeed, there is evidence that firearm manufacturers —aided by a federal grant—are specifically targeting It was not ever thus, however, as even a brief overview of schoolchildren as consumers by distributing, at schools, Commerce Clause history during the past century reminds hunting-related videos styled “educational materials for us. The modern respect for the competence and primacy grades four through 12,” Herbert, Reading, Writing, of Congress in matters affecting commerce developed only Reloading, N.Y. Times, Dec. 14, 1994, p. A23, col. 1. after one of this Court's most chastening experiences, when it perforce repudiated an earlier and untenably expansive Justice SOUTER, dissenting. conception of judicial review in derogation of congressional In reviewing congressional legislation under the Commerce commerce power. A look at history's sequence will serve to Clause, we defer to what is often a merely implicit show how today's decision tugs the Court off course, leading it congressional judgment that its regulation addresses a subject to suggest opportunities for further developments that would substantially affecting interstate commerce “if there is any be at odds with the rule of restraint to which the Court still rational basis for such a finding.” Hodel v. Virginia Surface wisely states adherence. Mining & Reclamation Assn., Inc., 452 U.S. 264, 276, 101 S.Ct. 2352, 2360, 69 L.Ed.2d 1 (1981); Preseault v. ICC, 494 U.S. 1, 17, 110 S.Ct. 914, 924–925, 108 L.Ed.2d I 1 (1990); see Maryland v. Wirtz, 392 U.S. 183, 190, 88 S.Ct. 2017, 2020–2021, 20 L.Ed.2d 1020 (1968), quoting Notwithstanding the Court's recognition of a broad commerce Katzenbach v. McClung, 379 U.S. 294, 303–304, 85 S.Ct. power in Gibbons v. Ogden, 9 Wheat. 1, 196–197, 6 L.Ed. 377, 383–384, 13 L.Ed.2d 290 (1964). If that congressional 23 (1824) (Marshall, C.J.), Congress saw few occasions to determination is within the realm of reason, “the only exercise that power prior to Reconstruction, see generally remaining question for judicial inquiry is whether ‘the means 2 C. Warren, The Supreme Court in United States History chosen by Congress [are] reasonably adapted to the end 729–739 (rev. ed. 1935), and it was really the passage of permitted by the Constitution.’ ” Hodel v. Virginia Surface the Interstate Commerce Act of 1887 that opened a new Mining & Reclamation Assn., Inc., supra, at 276, 101 S.Ct., age of congressional reliance on the Commerce Clause at 2360, quoting Heart of Atlanta Motel, Inc. v. United States, for authority to exercise general police powers at the 379 U.S. 241, 262, 85 S.Ct. 348, 360, 13 L.Ed.2d 258 (1964); national level, see *605 id., at 729–730. Although the see also Preseault v. ICC, supra, 494 U.S., at 17, 110 S.Ct., Court upheld a fair amount of the ensuing legislation as at 924–925.1 being within the commerce power, see, e.g., Stafford v. Wallace, 258 U.S. 495, 42 S.Ct. 397, 66 L.Ed. 735 (1922) 1 In this case, no question has been raised about means and (upholding an Act regulating trade practices in the meat ends; the only issue is about the effect of school zone packing industry); Shreveport Rate Cases, 234 U.S. 342, guns on commerce. 34 S.Ct. 833, 58 L.Ed. 1341 (1914) (upholding Interstate Commerce Commission order to equalize interstate and *604 The practice of deferring to rationally based legislative intrastate rail rates); see generally Warren, supra, at 729– judgments “is a paradigm of judicial restraint.” FCC v. Beach 739, the period from the turn of the century to 1937 is Communications, Inc., 508 U.S. 307, 314, 113 S.Ct. 2096, better noted for a series of cases applying highly formalistic 2101, 124 L.Ed.2d 211 (1993). In judicial review under the notions of “commerce” to invalidate federal social and Commerce Clause, it reflects our respect for the institutional economic legislation, see, e.g., Carter v. Carter Coal Co., competence of the Congress on a subject expressly assigned 298 U.S. 238, 303–304, 56 S.Ct. 855, 869–870, 80 L.Ed. to it by the Constitution and our appreciation of the legitimacy 1160 (1936) (striking Act prohibiting unfair labor practices that comes **1652 from Congress's political accountability in coal industry as regulation of “mining” and “production,” in dealing with matters open to a wide range of possible not “commerce”); A.L.A. Schechter Poultry Corp. v. United choices. See id., at 313–316, 113 S.Ct., at 2101–2102; Hodel States, 295 U.S. 495, 545–548, 55 S.Ct. 837, 849–851, v. Virginia Surface Mining & Reclamation Assn., Inc., supra, 79 L.Ed. 1570 (1935) (striking congressional regulation of 452 U.S., at 276, 101 S.Ct., at 2360; United States v. Carolene activities affecting interstate commerce only “indirectly”); Products Co., 304 U.S. 144, 147, 151–154, 58 S.Ct. 778, 783– Hammer v. Dagenhart, 247 U.S. 251, 38 S.Ct. 529, 62 784, 82 L.Ed. 1234 (1938); cf. Williamson v. Lee Optical of L.Ed. 1101 (1918) (striking Act prohibiting shipment in Okla., Inc., 348 U.S. 483, 488, 75 S.Ct. 461, 464, 99 L.Ed. interstate commerce of goods manufactured at factories using 563 (1955).

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 25 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 child labor because the Act regulated “manufacturing,” not In the years following these decisions, deference to legislative “commerce”); Adair v. United States, 208 U.S. 161, 28 S.Ct. policy judgments on commercial regulation became the 277, 52 L.Ed. 436 (1908) (striking protection of labor union powerful theme under both the Due Process and Commerce membership as outside “commerce”). Clauses, see United States v. Carolene Products Co., 304 U.S., at 147–148, 152, 58 S.Ct., at 780–781, 783; United These restrictive views of commerce subject to congressional States v. Darby, 312 U.S. 100, 119–121, 61 S.Ct. 451, 459– power complemented the Court's activism in limiting the 460, 85 L.Ed. 609 (1941); United States v. Wrightwood Dairy enforceable scope of state economic regulation. It is most Co., 315 U.S. 110, 118–119, 62 S.Ct. 523, 525–526, 86 familiar history that during this same period the Court L.Ed. 726 (1942), and in due course that deference became routinely invalidated state social and economic legislation articulate in the standard of rationality review. In due process under an expansive conception of Fourteenth Amendment litigation, the Court's statement of a rational *607 basis test substantive due process. See, e.g., Louis K. Liggett Co. v. came quickly. See United States v. Carolene Products Co., Baldridge, 278 U.S. 105, 49 S.Ct. 57, 73 L.Ed. 204 (1928) supra, 304 U.S., at 152, 58 S.Ct., at 783; see also Williamson (striking state law requiring pharmacy owners to be licensed v. Lee Optical Co., supra, 348 U.S., at 489–490, 75 S.Ct., as pharmacists); Coppage v. Kansas, 236 U.S. 1, 35 S.Ct. 240, at 465–466. The parallel formulation of the Commerce 59 L.Ed. 441 (1915) (striking state law prohibiting employers Clause test came later, only because complete elimination from requiring their employees to agree not to join labor of the direct/indirect effects dichotomy and acceptance of organizations); Lochner v. New York, 198 U.S. 45, 25 S.Ct. the cumulative effects doctrine, Wickard v. Filburn, 317 U.S. 539, 49 L.Ed. 937 (1905) (striking state law establishing 111, 125, 127–129, 63 S.Ct. 82, 89, 90–91, 87 L.Ed. 122 maximum working hours for bakers). See generally L. Tribe, (1942); United States v. Wrightwood Dairy Co., supra, 315 American Constitutional *606 Law 568–574 (2d ed. 1988). U.S., at 124–126, 62 S.Ct., at 528–529, so far settled the The fulcrums of judicial review in these cases were the pressing issues of congressional power over commerce as notions of liberty and property characteristic of laissez-faire to leave the Court for years without any need to phrase a economics, whereas the Commerce Clause cases turned on test explicitly deferring to rational legislative judgments. The what was ostensibly a structural limit of federal power, but moment came, however, with the challenge to congressional under each conception of judicial review the Court's character Commerce Clause authority to prohibit racial discrimination for the **1653 first third of the century showed itself in in places of public accommodation, when the Court simply exacting judicial scrutiny of a legislature's choice of economic made explicit what the earlier cases had implied: “where we ends and of the legislative means selected to reach them. find that the legislators, in light of the facts and testimony before them, have a rational basis for finding a chosen It was not merely coincidental, then, that sea changes in the regulatory scheme necessary to the protection of commerce, Court's conceptions of its authority under the Due Process our investigation is at an end.” Katzenbach v. McClung, 379 and Commerce Clauses occurred virtually together, in 1937, U.S., at 303–304, 85 S.Ct., at 383–384, discussing United with West Coast Hotel Co. v. Parrish, 300 U.S. 379, 57 S.Ct. States v. Darby, supra; see Heart of Atlanta Motel, Inc. v. 578, 81 L.Ed. 703, and NLRB v. Jones & Laughlin Steel United States, 379 U.S., at 258–259, 85 S.Ct., at 358–359. Corp., 301 U.S. 1, 57 S.Ct. 615, 81 L.Ed. 893. See Stern, Thus, under commerce, as under due process, adoption of The Commerce Clause and the National Economy, 1933– rational basis review expressed the recognition that the Court 1946, 59 Harv.L.Rev. 645, 674–682 (1946). In West Coast had no sustainable basis for subjecting economic regulation Hotel, the Court's rejection of a due process challenge to a as such to judicial policy judgments, and for the past half state law fixing minimum wages for women and children century the Court has no more turned back in the direction marked the abandonment of its expansive protection of of formalistic Commerce Clause review (as in deciding contractual freedom. Two weeks later, Jones & Laughlin whether regulation of commerce was sufficiently direct) than affirmed congressional commerce power to authorize NLRB it has inclined toward reasserting the substantive authority injunctions against unfair labor practices. The Court's finding of Lochner due process (as in the inflated protection of that the regulated activity had a direct enough effect on contractual autonomy). See, e.g., Maryland v. Wirtz, 392 U.S., commerce has since been seen as beginning the abandonment, at 190, 198, 88 S.Ct., at 2020–2021, 2024–2025; Perez v. for practical purposes, of the formalistic distinction between United States, 402 U.S. 146, 151–157, 91 S.Ct. 1357, 1360– direct and indirect effects. 1363, 28 L.Ed.2d 686 (1971); Hodel v. Virginia Surface

Mining & Reclamation Assn., Inc., 452 U.S., at 276, 277, 101 the painful lesson learned in 1937, for neither of the Court's S.Ct., at 2360, 2360–2361. suggestions would square with rational basis scrutiny.

*608 II A

There is today, however, a backward glance at both the old The Court observes that the Gun–Free School Zones Act pitfalls, as the Court treats deference under the rationality operates in two areas traditionally subject to legislation by rule as subject to gradation according to the commercial the States, education and enforcement of criminal law. The or noncommercial nature of the immediate subject of the suggestion is either that a connection between commerce and challenged regulation. **1654 See ante, at 1630–1631. The these subjects is remote, or that the commerce power is simply distinction between what is patently commercial and what is weaker when it touches subjects on which the States have not looks much like the old distinction between what directly historically been the primary legislators. Neither suggestion affects commerce and what touches it only indirectly. And is tenable. As for remoteness, it may or may not be wise for the act of calibrating the level of deference by drawing a the National Government to deal with education, but Justice line between what is patently commercial and what is less BREYER has surely demonstrated that the commercial purely so will probably resemble the process of deciding prospects of an illiterate State or Nation are not rosy, and no how much interference with contractual freedom was fatal. argument should be needed to show that hijacking interstate Thus, it seems fair to ask whether the step taken by the Court shipments of cigarettes can affect commerce substantially, today does anything but portend a return to the untenable even though the States have traditionally prosecuted robbery. jurisprudence from which the Court extricated itself almost And as for the notion that the commerce power diminishes 60 years ago. The answer is not reassuring. To be sure, the the closer it gets to customary state concerns, that idea has occasion for today's decision reflects the century's end, not its been flatly rejected, and not long ago. The commerce power, beginning. But if it seems anomalous that the Congress of the we have often observed, is plenary. Hodel v. Virginia Surface United States has taken to regulating school yards, the Act Mining & Reclamation Assn., Inc., supra, at 276, 101 S.Ct., at in question is still probably no more remarkable than state 2360; United States v. Darby, 312 U.S. at 114, 61 S.Ct., at 457; regulation of bake shops 90 years ago. In any event, there see Garcia v. San Antonio Metropolitan Transit Authority, 469 is no reason to hope that the Court's qualification of rational U.S. 528, 549–550, 105 S.Ct. 1005, 1016–1017, 83 L.Ed.2d basis review will be any more successful than the efforts at 1016 (1985); Gibbons v. Ogden, 9 Wheat., at 196–197. Justice substantive economic review made by our predecessors as the Harlan put it this way in speaking for the Court in Maryland century began. Taking the Court's opinion on its own terms, v. Wirtz: Justice BREYER has explained both the hopeless porosity of “commercial” character as a ground of Commerce Clause *610 “There is no general doctrine implied in the distinction in America's highly connected economy, and the Federal Constitution that the two governments, national inconsistency of this categorization with our rational basis and state, are each to exercise its powers so as not to precedents from the last 50 years. interfere with the free and full exercise of the powers of the other.... [I]t is clear that the Federal Government, Further glosses on rationality review, moreover, may be in the when acting within a delegated power, may override offing. Although this case turns on commercial character, the countervailing state interests.... As long ago as [1925], the Court gestures toward two other considerations that it might Court put to rest the contention that state concerns might sometime entertain in applying rational basis *609 scrutiny constitutionally ‘outweigh’ the importance of an otherwise (apart from a statutory obligation to supply independent proof valid federal statute regulating commerce.” **1655 392 of a jurisdictional element): does the congressional statute U.S., at 195–196, 88 S.Ct., at 2023–2024 (citations and deal with subjects of traditional state regulation, and does internal quotation marks omitted). the statute contain explicit factual findings supporting the See also United States v. Darby, supra, 312 U.S., at 114, otherwise implicit determination that the regulated activity 61 S.Ct., at 457; Gregory v. Ashcroft, 501 U.S. 452, 460, substantially affects interstate commerce? Once again, any 111 S.Ct. 2395, 2400–2401, 115 L.Ed.2d 410 (1991); United appeal these considerations may have depends on ignoring States v. Carolene Products Co., 304 U.S., at 147, 58 S.Ct., at 781.

is not forbidden absolutely when it touches such a subject, it Nor is there any contrary authority in the reasoning of will stand or fall depending on the Court's view of the strength our cases imposing clear statement rules in some instances of the legislation's commercial justification. And here once of legislation that would significantly alter the state- again history raises its objections that the Court's previous national balance. In the absence of a clear statement of essays in overriding congressional policy choices under the congressional design, for example, we have refused to Commerce Clause were ultimately seen to suffer two fatal interpret ambiguous federal statutes to limit fundamental state weaknesses: when dealing with Acts of Congress (as distinct legislative prerogatives, Gregory v. Ashcroft, supra, 501 U.S., from state legislation subject to review under the theory of at 460–464, 111 S.Ct., at 2400–2403, our understanding being dormant commerce power) nothing in the Clause compelled that such prerogatives, through which “a State defines itself the judicial activism, and nothing about the judiciary as an as a sovereign,” are “powers with which Congress does institution made it a superior source of policy on the subject not readily interfere,” 501 U.S., at 460, 461, 111 S.Ct., at Congress dealt with. There is no reason to expect the lesson 2400–2401, 2401. Likewise, when faced with two plausible would be different another time. interpretations of a federal criminal statute, we generally will take the alternative that does not force us to impute an intention to Congress to use its full commerce power *612 B to regulate conduct traditionally and ably regulated by the States. See United States v. Enmons, 410 U.S. 396, 411–412, There remain questions about legislative findings. The Court 93 S.Ct. 1007, 1015–1016, 35 L.Ed.2d 379 (1973); United of Appeals expressed the view, 2 F.3d 1342, 1363–1368 (CA States v. Bass, 404 U.S. 336, 349–350, 92 S.Ct. 515, 523–524, 5 1993), that the result in this case might well have been 30 L.Ed.2d 488 (1971); Rewis v. United States, 401 U.S. 808, different if Congress had made explicit findings that guns in 812, 91 S.Ct. 1056, 1059–1060, 28 L.Ed.2d 493 (1971). schools have a substantial effect on interstate commerce, and the Court today does not repudiate that position, see ante, These clear statement rules, however, are merely rules of at 1631–1632. Might a court aided by such findings have statutory interpretation, to be relied upon only when the subjected this legislation to less exacting scrutiny (or, put *611 terms of a statute allow, United States v. Culbert, 435 another **1656 way, should a court have deferred to such U.S. 371, 379–380, 98 S.Ct. 1112, 1116–1117, 55 L.Ed.2d findings if Congress had made them)?2 The answer to either 349 (1978); see Gregory v. Ashcroft, supra, 501 U.S., at 470, question must be no, although as a general matter findings are 111 S.Ct., at 2406; United States v. Bass, supra, 404 U.S., important and to be hoped for in the difficult cases. at 346–347, 92 S.Ct., at 521–522, and in cases implicating Congress's historical reluctance to trench on state legislative 2 prerogatives or to enter into spheres already occupied by Unlike the Court, (perhaps), I would see no reason not to consider Congress's findings, insofar as they might be the States, Gregory v. Ashcroft, supra, 501 U.S., at 461, 111 helpful in reviewing the challenge to this statute, even S.Ct., at 2401; United States v. Bass, supra, 404 U.S., at though adopted in later legislation. See the Violent Crime 349, 92 S.Ct., at 523; see Rewis v. United States, supra, 401 Control and Law Enforcement Act of 1994, Pub.L. 103– U.S., at 811–812, 91 S.Ct., at 1059–1060. They are rules for 322, § 320904, 108 Stat. 2125 (“[T]he occurrence of determining intent when legislation leaves intent subject to violent crime in school zones has resulted in a decline in question. But our hesitance to presume that Congress has the quality of education in our country; ... this decline ... acted to alter the state-federal status quo (when presented has an adverse impact on interstate commerce and the with a plausible alternative) has no relevance whatever to the foreign commerce of the United States; ... Congress enquiry whether it has the commerce power to do so or to has power, under the interstate commerce clause and the standard of judicial review when Congress has definitely other provisions of the Constitution, to enact measures to meant to exercise that power. Indeed, to allow our hesitance ensure the integrity and safety of the Nation's schools by to affect the standard of review would inevitably degenerate enactment of this subsection”). The findings, however, into the sort of substantive policy review that the Court found go no further than expressing what is obviously implicit in the substantive legislation, at such a conclusory level indefensible 60 years ago. The Court does not assert (and of generality as to add virtually nothing to the record. The could not plausibly maintain) that the commerce power is Solicitor General certainly exercised sound judgment wholly devoid of congressional authority to speak on any in placing no significant reliance on these particular subject of traditional state concern; but if congressional action afterthoughts. Tr. of Oral Arg. 24–25.

It is only natural to look for help with a hard job, and hence, the wisdom) of those choices, or authority to require reviewing a claim that Congress has exceeded the commerce Congress to act with some high degree of deliberateness, power is much harder in some cases than in others. A of which express findings would be evidence. But review challenge to congressional regulation of interstate garbage for congressional wisdom would just be the old judicial hauling would be easy to resolve; review of congressional pretension discredited and abandoned in 1937, and review regulation of gun possession in school yards is more difficult, for deliberateness would be as patently unconstitutional as an both because the link to interstate commerce is less obvious Act of Congress mandating long opinions from this Court. and because of our initial ignorance of the relevant facts. In a Such a legislative process requirement would function merely *613 case comparable to this one, we may have to dig hard as an excuse for covert review of the merits of legislation to make a responsible judgment about what Congress could under standards never expressed **1657 and more or less reasonably find, because the case may be close, and because arbitrarily applied. Under such a regime, in any case, the judges tend not to be familiar with the facts that may or may rationality standard of review would be a thing of the past. not make it close. But while the ease of review may vary from case to case, it does not follow that the standard of review On the other hand, to say that courts applying the rationality should vary, much less that explicit findings of fact would standard may not defer to findings is not, of course, to say even directly address the standard. that findings are pointless. They may, in fact, have great value in telling courts what to look for, in establishing at least The question for the courts, as all agree, is not whether one frame of reference for review, and in citing to factual as a predicate to legislation Congress in fact found that a authority. The research underlying Justice BREYER's dissent particular activity substantially affects interstate commerce. was necessarily a major undertaking; help is welcome, and The legislation implies such a finding, and there is no it not incidentally shrinks the risk that judicial research will reason to entertain claims that Congress acted ultra vires miss material scattered across the public domain or buried intentionally. Nor is the question whether Congress was under pounds of legislative record. Congressional findings correct in so finding. The only question is whether the on a more particular plane than this record illustrates would legislative judgment is within the realm of reason. See Hodel accordingly have earned judicial thanks. But thanks do not v. Virginia Surface Mining & Reclamation Assn., Inc., 452 carry the day as long as rational possibility is the touchstone, U.S., at 276–277, 101 S.Ct., at 2360–2361; Katzenbach and I would not allow for the possibility, as the Court's opinion v. McClung, 379 U.S., at 303–304, 85 S.Ct., at 383–384; may, ante, at 1632, that the addition of congressional findings Railroad Retirement Bd. v. Alton R. Co., 295 U.S. 330, 391– could in principle have affected the fate of the statute here. 392, 55 S.Ct. 758, 780, 79 L.Ed. 1468 (1935) (Hughes, C.J., dissenting); cf. FCC v. Beach Communications, Inc., 508 U.S., at 315, 113 S.Ct., at 2102 (in the equal protection III context, “those attacking the rationality of the legislative classification have the burden to negate every conceivable Because Justice BREYER's opinion demonstrates beyond any basis which might support it[;] ... it is entirely irrelevant doubt that the Act in question passes the rationality review for constitutional purposes whether the conceived reason for that the Court continues to espouse, today's decision may be the challenged distinction actually motivated the legislature”) seen as only a misstep, its reasoning and its suggestions *615 (citations and internal quotation marks omitted); Ferguson v. not quite in gear with the prevailing standard, but hardly an Skrupa, 372 U.S. 726, 731–733, 83 S.Ct. 1028, 1031–1032, epochal case. I would not argue otherwise, but I would raise a 10 L.Ed.2d 93 (1963); Williamson v. Lee Optical Co., 348 caveat. Not every epochal case has come in epochal trappings. U.S., at 487, 75 S.Ct., at 464. Congressional findings do Jones & Laughlin did not reject the direct-indirect standard in not, however, directly address the question of reasonableness; so many words; it just said the relation of the regulated subject they tell us what Congress actually has found, not what it matter to commerce was direct enough. 301 U.S., at 41–43, could rationally find. If, indeed, the Court were to make 57 S.Ct., at 626–627. But we know what happened. the existence of explicit congressional findings dispositive in some close or difficult cases something other than rationality I respectfully dissent. review would be afoot. The resulting congressional obligation to justify its policy choices on the merits would imply *614 either a judicial authority to review the justification (and,

Second, in determining whether a local activity will likely Justice BREYER, with whom Justice STEVENS, Justice have a significant effect upon interstate commerce, a court SOUTER, and Justice GINSBURG join, dissenting. must consider, not the effect of an individual act (a single The issue in this case is whether the Commerce Clause instance of gun possession), but rather the cumulative effect authorizes Congress to enact a statute that makes it a crime to of all similar instances (i.e., the effect of all guns possessed in possess a gun in, or near, a school. 18 U.S.C. § 922(q)(1)(A) or near schools). See, e.g., Wickard, supra, 317 U.S., at 127– (1988 ed., Supp. V). In my view, the statute falls well within 128, 63 S.Ct., at 89–90. As this Court put the matter almost the scope of the commerce power as this Court has understood 50 years ago: that power over the last half century. “[I]t is enough that the individual activity when multiplied into a general practice ... contains a threat to the interstate economy that requires preventative regulation.” I Mandeville Island Farms, Inc. v. American Crystal Sugar In reaching this conclusion, I apply three basic principles of Co., 334 U.S. 219, 236, 68 S.Ct. 996, 1006, 92 L.Ed. 1328 Commerce Clause interpretation. First, the power to “regulate (1948) (citations omitted). Commerce ... among the several States,” U.S. Const., Art. I, § 8, cl. 3, encompasses the power to regulate local activities Third, the Constitution requires us to judge the connection insofar as they significantly affect interstate commerce. See, between a regulated activity and interstate commerce, not e.g., Gibbons v. Ogden, 9 Wheat. 1, 194–195, 6 L.Ed. 23 directly, but at one remove. Courts must give Congress (1824) (Marshall, C.J.); Wickard v. Filburn, 317 U.S. 111, a degree of leeway in determining the existence of a 125, 63 S.Ct. 82, 89, 87 L.Ed. 122 (1942). As the majority significant factual connection between the regulated activity points out, ante, at 1630, the Court, in describing how much and interstate commerce—both because the Constitution of an effect the Clause requires, sometimes has used the word delegates the commerce power directly to Congress and “substantial” and sometimes has not. Compare, e.g., Wickard, because the *617 determination requires an empirical supra, at 125, 63 S.Ct., at 89 (“substantial economic effect”), judgment of a kind that a legislature is more likely than a court with Hodel v. Virginia Surface Mining & Reclamation Assn., to make with accuracy. The traditional words “rational basis” Inc., 452 U.S. 264, 276, 101 S.Ct. 2352, 2360, 69 L.Ed.2d capture this leeway. See Hodel, supra, 452 U.S., at 276–277, 1 (1981) (“affects interstate commerce”); see also Maryland 101 S.Ct., at 2360–2361. Thus, the specific question before v. Wirtz, 392 U.S. 183, 196, n. 27, 88 S.Ct. 2017, 2024 us, as the Court recognizes, is not whether the “regulated n. 27, 20 L.Ed.2d 1020 (1968) (cumulative effect must not activity sufficiently affected interstate commerce,” but, rather, be “trivial”); NLRB v. Jones & Laughlin Steel Corp., 301 whether Congress could have had “a rational basis” for so U.S. 1, 37, 57 S.Ct. 615, 624, 81 L.Ed. 893 (1937) *616 concluding. Ante, at 1629 (emphasis added). (speaking of “close and substantial relation ” between activity and commerce, not of “substantial effect”) (emphasis added); I recognize that we must judge this matter independently. Gibbons, supra, at 194 (words of Commerce Clause do not “[S]imply because Congress may conclude that a particular “comprehend ... commerce, which is completely internal ... activity substantially affects interstate commerce does not and which does not ... affect other States”). And, as the necessarily make it so.” Hodel, supra, at 311, 101 S.Ct., majority also recognizes in quoting Justice Cardozo, the at 2391 (REHNQUIST, J., concurring in judgment). And, I question of degree (how much effect) requires an estimate of also recognize that Congress did not write specific “interstate the “size” of the effect that no verbal formulation can capture commerce” findings into the law under which Lopez was with precision. See ante, at 1633. I use the word “significant” convicted. Nonetheless, as I have already noted, the matter because the word “substantial” implies a somewhat narrower that we review independently (i.e., whether there is a “rational power than recent precedent suggests. See, e.g., **1658 basis”) already has considerable leeway built into it. And, the Perez v. United States, 402 U.S. 146, 154, 91 S.Ct. 1357, absence of findings, at most, deprives a statute of the benefit 1361–1362, 28 L.Ed.2d 686 (1971); Daniel v. Paul, 395 U.S. of some extra leeway. This extra deference, in principle, 298, 308, 89 S.Ct. 1697, 1702–1703, 23 L.Ed.2d 318 (1969). might change the result in a close case, though, in practice, it But to speak of “substantial effect” rather than “significant has not made a critical legal difference. See, e.g., Katzenbach effect” would make no difference in this case. v. McClung, 379 U.S. 294, 299, 85 S.Ct. 377, 299–300, 13 L.Ed.2d 290 (1964) (noting that “no formal findings were made, which of course are not necessary”); Perez,

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 30 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 supra, 402 U.S., at 156–157, 91 S.Ct., at 1362–1363; cf. significantly (or substantially) affects “interstate” or “foreign Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 666, commerce”? 18 U.S.C. §§ 922(q)(1)(F), (G). As long as one 114 S.Ct. 2445, 2471, 129 L.Ed.2d 497 (1994) (opinion of views the commerce connection, not as a “technical legal KENNEDY, J.) (“Congress is not obligated, when enacting conception,” but as “a practical one,” *619 Swift & Co. v. its statutes, to make a record of the type that an administrative United States, 196 U.S. 375, 398, 25 S.Ct. 276, 280, 49 L.Ed. agency or court does to accommodate judicial review”); 518 (1905) (Holmes, J.), the answer to this question must Fullilove v. Klutznick, 448 U.S. 448, 503, 100 S.Ct. 2758, be yes. Numerous reports and studies—generated both inside 2787, 65 L.Ed.2d 902 (1980) (Powell, J., concurring) (“After and outside government—make clear that Congress could Congress has legislated repeatedly in an area of national reasonably have found the empirical connection that its law, concern, its Members gain experience that may reduce the implicitly or explicitly, asserts. (See Appendix, infra, at 1665, need for fresh hearings or prolonged debate ...”). It would for a sample of the documentation, as well as for complete seem particularly unfortunate to make the validity of *618 citations to the sources referenced below.) the statute at hand turn on the presence or absence of findings. Because Congress did make findings (though not until after For one thing, reports, hearings, and other readily available Lopez was prosecuted), doing so would appear to elevate literature make clear that the problem of guns in and around form over substance. See Pub.L. 103–322, §§ 320904(2)(F), schools is widespread and extremely serious. These materials (G), 108 Stat. 2125, 18 U.S.C. §§ 922(q)(1)(F), (G). report, for example, that four percent of American high school students (and six percent of inner-city high school In addition, despite the Court of Appeals' suggestion to the students) carry a gun to school at least occasionally, Centers contrary, see 2 F.3d 1342, 1365 (CA5 1993), there is no for Disease Control 2342; Sheley, McGee, & Wright 679; special need here for a clear indication of Congress' rationale. that 12 percent of urban high school students have had guns The statute does not interfere with the exercise of state or fired at them, ibid.; that 20 percent of those students have local authority. Cf., e.g., Dellmuth v. Muth, 491 U.S. 223, been threatened with guns, ibid.; and that, in any 6–month 227–228, 109 S.Ct. 2397, 2399–2400, 105 L.Ed.2d 181 period, several hundred thousand schoolchildren are victims (1989) (requiring clear statement for abrogation of Eleventh of violent crimes in or near their schools, U.S. Dept. of Amendment immunity). Moreover, any clear statement rule Justice 1 (1989); House Select Committee Hearing 15 (1989). would **1659 apply only to determine Congress' intended And, they report that this widespread violence in schools result, not to clarify the source of its authority or measure throughout the Nation significantly interferes with the quality the level of consideration that went into its decision, and here of education in those schools. See, e.g., House Judiciary there is no doubt as to which activities Congress intended to Committee Hearing 44 (1990) (linking school violence to regulate. See ibid.; id., at 233, 109 S.Ct., at 2403 (SCALIA, dropout rate); U.S. Dept. of Health 118–119 (1978) (school- J., concurring) (to subject States to suits for money damages, violence victims suffer academically); compare U.S. Dept. of Congress need only make that intent clear, and need not refer Justice 1 (1991) (gun violence worst in inner-city schools), explicitly to the Eleventh Amendment); EEOC v. Wyoming, with National Center 47 (dropout rates highest in inner cities). 460 U.S. 226, 243, n. 18, 103 S.Ct. 1054, n. 18, 75 L.Ed.2d 18 Based on reports such as these, Congress obviously could (1983) (Congress need not recite the constitutional provision have thought that guns and learning are mutually exclusive. that authorizes its action). Senate Labor and Human Resources Committee Hearing 39 (1993); U.S. Dept. of Health 118, 123–124 (1978). Congress could therefore have found a substantial educational problem —teachers unable to teach, students unable to learn—and II concluded that guns near schools contribute substantially to Applying these principles to the case at hand, we must the size and scope of that problem. ask whether Congress could have had a rational basis for finding a significant (or substantial) connection between gun- *620 Having found that guns in schools significantly related school violence and interstate commerce. Or, to put undermine the quality of education in our Nation's the question in the language of the explicit finding that classrooms, Congress could also have found, given the effect Congress made when it amended this law in 1994: Could of education upon interstate and foreign commerce, that gun- Congress rationally have found that “violent crime in school related violence in and around schools is a commercial, as zones,” through its effect on the “quality of education,” well as a human, problem. Education, although far more than

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 31 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 a matter of economics, has long been inextricably intertwined with the Nation's economy. When this Nation began, most Increasing global competition also has made primary and workers received their education in the workplace, typically secondary education economically more important. The (like Benjamin Franklin) as apprentices. See generally portion of the American economy attributable to international Seybolt; Rorabaugh; U.S. Dept. of Labor (1950). As late as trade nearly tripled between 1950 and 1980, and more the 1920's, many workers still received general education than 70 percent of American-made goods now compete directly from their employers—from large corporations, such with imports. Marshall 205; Marshall & Tucker 33. Yet, as General Electric, Ford, and Goodyear, which created lagging worker productivity has contributed to negative trade schools **1660 within their firms to help both the worker balances and to real hourly compensation that has fallen and the firm. See Bolino 15–25. (Throughout most of the below wages in 10 other industrialized nations. See National 19th century fewer than one percent of all Americans received Center 57; Handbook of Labor Statistics 561, 576 (1989); secondary education through attending a high school. See id., Neef & Kask 28, 31. At least some significant part of this at 11.) As public school enrollment grew in the early 20th serious productivity problem is attributable to students who century, see Becker 218 (1993), the need for industry to teach emerge from classrooms without the reading or mathematical basic educational skills diminished. But, the direct economic skills necessary to compete with their European or Asian link between basic education and industrial productivity counterparts, see, e.g., MIT 28, and, presumably, to high remained. Scholars estimate that nearly a quarter of America's school dropout rates of 20 to 25 percent (up to 50 percent economic growth in the early years of this century is in inner cities), see, e.g., National Center 47; Chubb & traceable directly to increased schooling, see Denison 243; Hanushek 215. Indeed, Congress has said, when writing that investment in “human capital” (through spending on other statutes, that *622 “functionally or technologically education) exceeded investment in “physical capital” by a illiterate” Americans in the work force “erod [e]” our ratio of almost two to one, see Schultz 26 (1961); and that the economic “standing in the international marketplace,” Pub.L. economic returns to this investment in education exceeded the 100–418, § 6002(a)(3),102 Stat. 1469, and that “[o]ur Nation returns to conventional capital investment, see, e.g., Davis & is ... paying the price of scientific and technological illiteracy, Morrall 48–49. with our productivity declining, our industrial base ailing, and our global competitiveness dwindling,” H.R.Rep. No. 98–6, In recent years the link between secondary education and pt. 1, p. 19 (1983). business has strengthened, becoming both more direct and more important. Scholars on the subject report that Finally, there is evidence that, today more than ever, many technological changes and innovations in management firms base their location decisions upon the presence, or techniques have altered the nature of the workplace so that absence, of a work force with a basic education. See more jobs now demand greater educational skills. See, e.g., MacCormack, Newman, & Rosenfield 73; Coffee 296. MIT 32 *621 (only about one-third of hand tool company's Scholars on the subject report, for example, that today, “[h]igh 1,000 workers were qualified to work with a new process that speed communication and transportation make it possible to requires high-school-level reading and mathematical skills); produce most products and services anywhere in the world,” Cyert & Mowery 68 (gap between wages of high school National Center 38; that “[m]odern machinery and production dropouts and better trained workers increasing); U.S. Dept. methods can therefore be combined with low wage workers to of Labor 41 (1981) (job openings for dropouts declining drive costs down,” ibid.; that managers can perform “ ‘back over time). There is evidence that “service, manufacturing office functions anywhere in the world now,’ ” and say that or construction jobs are being displaced by technology that if they “ ‘can't get enough skilled **1661 workers here’ ” requires a better-educated worker or, more likely, are being they will “ ‘move the skilled jobs out of the country,’ ” id., exported overseas,” Gordon, Ponticell, & Morgan 26; that at 41; with the consequence that “rich countries need better “workers with truly few skills by the year 2000 will find that education and retraining, to reduce the supply of unskilled only one job out of ten will remain,” ibid.; and that workers and to equip them with the skills they require for tomorrow's jobs,” Survey of Global Economy 37. In light of “[o]ver the long haul the best way to encourage the growth this increased importance of education to individual firms, of high-wage jobs is to upgrade the skills of the work it is no surprise that half of the Nation's manufacturers have force.... [B]etter-trained workers become more productive become involved with setting standards and shaping curricula workers, enabling a company to become more competitive for local schools, Maturi 65–68, that 88 percent think this and expand.” Henkoff 60.

© 2020 Thomson Reuters. No claim to original U.S. Government Works. 32 U.S. v. Lopez, 514 U.S. 549 (1995) 115 S.Ct. 1624, 131 L.Ed.2d 626, 63 USLW 4343, 99 Ed. Law Rep. 24 kind of involvement is important, id., at 68, that more than 20 because under our case law, see supra, at 1657–1658; infra, States have recently passed educational reforms to attract new at 1663, the sufficiency of the constitutionally necessary business, Overman 61–62, and that business magazines have Commerce Clause link between a crime of violence and begun to rank cities according to the quality of their schools, interstate commerce turns simply upon size or degree, those see Boyle 24. same facts make the statute constitutional.

The economic links I have just sketched seem fairly obvious. To hold this statute constitutional is not to “obliterate” the Why then is it not equally obvious, in light of those links, “distinction between what is national and what is local,” that a widespread, serious, and substantial physical *623 ante, at 1633 (citation omitted; internal quotation marks threat to teaching and learning also substantially threatens the omitted); nor is it to hold that the Commerce Clause permits commerce to which that teaching and learning is inextricably the Federal Government to “regulate any activity that it tied? That is to say, guns in the hands of six percent of found was related to the economic productivity of individual inner-city high school students and gun-related violence citizens,” to regulate “marriage, divorce, and child custody,” throughout a city's schools must threaten the trade and or to regulate any and all aspects of education. Ante, at 1632. commerce that those schools support. The only question, First, this statute is aimed at curbing a particularly acute then, is whether the latter threat is (to use the majority's threat to the educational process—the possession (and use) terminology) “substantial.” The evidence of (1) the extent of life-threatening firearms in, or near, the classroom. The of the gun-related violence problem, see supra, at 1659, empirical evidence that I have discussed above unmistakably (2) the extent of the resulting negative effect on classroom documents the special way in which guns and education are learning, see ibid. and (3) the extent of the consequent incompatible. See supra, at 1659. This Court has previously negative commercial effects, see supra, at 1659–1661, when recognized the singularly disruptive potential **1662 on taken together, indicate a threat to trade and commerce that interstate commerce that acts of violence may have. See is “substantial.” At the very least, Congress could rationally Perez, supra, 402 U.S., at 156–157, 91 S.Ct., at 1362–1363. have concluded that the links are “substantial.” Second, the immediacy of the connection between education and the national economic well-being is documented by Specifically, Congress could have found that gun-related scholars and accepted by society at large in a way and to a violence near the classroom poses a serious economic threat degree that may not hold true for other social institutions. (1) to consequently inadequately educated workers who must It must surely be the rare case, then, that a statute strikes endure low paying jobs, see, e.g., National Center 29, and at conduct that (when considered in the abstract) seems so (2) to communities and businesses that might (in today's removed from commerce, but which (practically speaking) “information society”) otherwise gain, from a well-educated has so significant an impact upon commerce. work force, an important commercial advantage, see, e.g., Becker 10 (1992), of a kind that location near a railhead In sum, a holding that the particular statute before us falls or harbor provided in the past. Congress might also have within the commerce power would not expand the scope of found these threats to be no different in kind from other that Clause. Rather, it simply would apply preexisting law threats that this Court has found within the commerce power, to changing economic circumstances. See Heart of Atlanta such as the threat that loan sharking poses to the “funds” of *625 Motel, Inc. v. United States, 379 U.S. 241, 251, 85 “numerous localities,” Perez v. United States, 402 U.S., at S.Ct. 348, 354, 13 L.Ed.2d 258 (1964). It would recognize 157, 91 S.Ct., at 1362–1363, and that unfair labor practices that, in today's economic world, gun-related violence near the pose to instrumentalities of commerce, see Consolidated classroom makes a significant difference to our economic, Edison Co. v. NLRB, 305 U.S. 197, 221–222, 59 S.Ct. as well as our social, well-being. In accordance with well- 206, 213–214, 83 L.Ed. 126 (1938). As I have pointed out, accepted precedent, such a holding would permit Congress supra, at 1659, Congress has written that “the occurrence of “to act in terms of economic ... realities,” would interpret violent crime in school zones” has brought about a “decline the commerce power as “an affirmative power commensurate in the quality of education” that “has an adverse impact with the national needs,” and would acknowledge that the on interstate commerce and the foreign commerce of the “commerce clause does not operate so as to render the United States.” 18 U.S.C. §§ 922(q)(1)(F), (G). The violence- nation powerless to defend itself against economic forces related facts, the educational *624 facts, and the economic that Congress decrees inimical or destructive of the national facts, taken together, make this conclusion rational. And, economy.” North American Co. v. SEC, 327 U.S. 686, 705,

66 S.Ct. 785, 796, 90 L.Ed. 945 (1946) (citing Swift & Co. v. serious human and social harm, but had nationally significant United States, 196 U.S., at 398, 25 S.Ct., at 280 (Holmes, J.)). economic dimensions as well. See **1663 McClung, supra, 379 U.S., at 301, 85 S.Ct., at 382; Daniel, supra, 395 U.S., at 307, n. 10, 89 S.Ct., at 1702, n. 10. It is difficult to distinguish the case before us, for the same critical elements are present. III Businesses are less likely to locate in communities where The majority's holding—that § 922 falls outside the scope of violence plagues the classroom. Families will hesitate to the Commerce Clause—creates three serious legal problems. move to neighborhoods where students carry guns instead First, the majority's holding runs contrary to modern Supreme of books. (Congress expressly found in 1994 that “parents Court cases that have upheld congressional actions despite may decline to send their children to school” in certain areas connections to interstate or foreign commerce that are less “due to concern about violent crime and gun violence.” 18 significant than the effect of school violence. In Perez v. U.S.C. § 922(q)(1)(E).) And (to look at the matter in the most United States, supra, the Court held that the Commerce narrowly commercial manner), interstate publishers therefore Clause authorized a federal statute that makes it a crime to will sell fewer books and other firms will sell fewer school engage in loan sharking (“[e]xtortionate credit transactions”) supplies where the threat of violence disrupts learning. Most at a local level. The Court said that Congress may judge importantly, like the local racial discrimination at issue in that such transactions, “though purely intrastate, ... affect McClung and Daniel, the local instances here, taken *627 interstate commerce.” 402 U.S., at 154, 91 S.Ct., at together and considered as a whole, create a problem that 1361 (emphasis added). Presumably, Congress reasoned that causes serious human and social harm, but also has nationally threatening or using force, say with a gun on a street corner, to significant economic dimensions. collect a debt occurs sufficiently often so that the activity (by helping organized crime) affects commerce among the States. In Wickard v. Filburn, 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122 But, why then cannot Congress also reason that the threat (1942), this Court sustained the application of the Agricultural or use of force—the frequent consequence of possessing a Adjustment Act of 1938 to wheat that Filburn grew and gun—in or near a school occurs sufficiently often so that consumed on his own local farm because, considered in its such activity (by inhibiting basic education) affects *626 totality, (1) homegrown wheat may be “induced by rising commerce among the States? The negative impact upon the prices” to “flow into the market and check price increases,” national economy of an inability to teach basic skills seems and (2) even if it never actually enters the market, home- no smaller (nor less significant) than that of organized crime. grown wheat nonetheless “supplies a need of the man who grew it which would otherwise be reflected by purchases in In Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, the open market” and, in that sense, “competes with wheat 13 L.Ed.2d 290 (1964), this Court upheld, as within the in commerce.” Id., at 128, 63 S.Ct., at 91. To find both of commerce power, a statute prohibiting racial discrimination these effects on commerce significant in amount, the Court at local restaurants, in part because that discrimination had to give Congress the benefit of the doubt. Why would discouraged travel by African Americans and in part because the Court, to find a significant (or “substantial”) effect here, that discrimination affected purchases of food and restaurant have to give Congress any greater leeway? See also United supplies from other States. See id., at 300, 85 S.Ct., at 381– States v. Women's Sportswear Mfrs. Assn., 336 U.S. 460, 464, 382; Heart of Atlanta Motel, supra, 379 U.S., at 274, 85 S.Ct., 69 S.Ct. 714, 716, 93 L.Ed. 805 (1949) (“If it is interstate at 366 (Black, J., concurring in McClung and in Heart of commerce that feels the pinch, it does not matter how local Atlanta ). In Daniel v. Paul, 395 U.S. 298, 89 S.Ct. 1697, 23 the operation which applies the squeeze”); Mandeville Island L.Ed.2d 318 (1969), this Court found an effect on commerce Farms, Inc. v. American Crystal Sugar Co., 334 U.S., at 236, caused by an amusement park located several miles down 68 S.Ct., at 1006 (“[I]t is enough that the individual activity a country road in the middle of Alabama—because some when multiplied into a general practice ... contains a threat to customers (the Court assumed), some food, 15 paddleboats, the interstate economy that requires preventive regulation”). and a juke box had come from out of state. See id., at 304–305, 308, 89 S.Ct., at 1700–1701, 1702. In both of these cases, the The second legal problem the Court creates comes from its Court understood that the specific instance of discrimination apparent belief that it can reconcile its holding with earlier (at a local place of accommodation) was part of a general cases by making a critical distinction between “commercial” practice that, considered as a whole, caused not only the most and noncommercial “transaction[s].” Ante, at 1630–1631.

That is to say, the Court believes the Constitution would mathematics, and related basic skills serve both social and distinguish between two local activities, each of which has commercial purposes, and one cannot easily separate the one an identical effect upon interstate commerce, if one, but not from the other. American industry itself has been, and is the other, is “commercial” in nature. As a general matter, this again, involved in teaching. See supra, at 1659, 1661. When, approach fails to heed this Court's earlier warning not to turn and to what extent, does its involvement make education “questions of the power of Congress” upon “formula[s]” that commercial? Does the number of vocational classes that train would give students directly for jobs make a difference? Does it matter if the school is public or private, nonprofit or profit seeking? *628 “controlling force to nomenclature such as Does it matter if a city or State adopts a voucher plan that ‘production’ and ‘indirect’ and foreclose consideration of pays private firms to run a school? Even if one were to ignore the actual effects of the activity in question upon interstate these practical questions, why should there be a theoretical commerce.” Wickard, supra, 317 U.S., at 120, 63 S.Ct., at distinction between education, when it significantly benefits 87. commerce, and environmental pollution, when it causes See also United States v. Darby, 312 U.S. 100, 116–117, 61 economic harm? See Hodel v. Virginia Surface Mining & S.Ct. 451, 458–459, 85 L.Ed. 609 (1941) (overturning the Reclamation Assn., Inc., 452 U.S. 264, 101 S.Ct. 2352, 69 Court's distinction between “production” and “commerce” L.Ed.2d 1 (1981). in the child labor case, Hammer v. Dagenhart, 247 U.S. 251, 271–272, 38 S.Ct. 529, 531, 62 L.Ed. 1101 (1918)); Regardless, if there is a principled distinction that could work Swift & Co. v. United States, 196 U.S., at 398, 25 S.Ct., both here and in future cases, Congress (even in the absence at 280 (Holmes, J.) (“[C]ommerce among the States is not of vocational classes, industry involvement, and private a technical legal conception, but a practical one, drawn management) could rationally conclude that schools fall on from the course of business”). Moreover, the majority's test the commercial side of the line. In 1990, the year Congress is not consistent with what the Court saw as the point enacted the statute before us, primary and secondary schools of the cases that the majority now characterizes. Although spent $230 billion—that is, nearly a quarter of a trillion the majority today attempts to categorize Perez, McClung, dollars—which accounts for a significant portion of our $5.5 and Wickard as involving intrastate “economic activity,” trillion gross domestic product for that year. See Statistical ante, at 1630, the Courts that decided each of those cases Abstract 147, 442 (1993). The business of schooling requires did not focus upon the economic nature of the activity expenditure of these funds on student transportation, food regulated. Rather, they focused upon whether that activity and custodial services, books, and teachers' salaries. See affected interstate or foreign commerce. In fact, the Wickard U.S. Dept. of Education 4, 7 (1993). These expenditures Court expressly held that Filburn's consumption of home- enable schools to provide a valuable service—namely, to grown wheat, “though it may not be regarded **1664 as equip students with the skills they need to survive in life and, commerce,” could nevertheless be regulated—“whatever its more specifically, in the workplace. Certainly, Congress has nature ”—so long as “it exerts a substantial economic effect often analyzed school expenditure as if it were a commercial on interstate commerce.” Wickard, supra, 317 U.S. at 125, 63 investment, closely analyzing whether schools are efficient, S.Ct., at 89 (emphasis added). whether they justify the significant resources *630 they spend, and whether they can be restructured to achieve More importantly, if a distinction between commercial and greater returns. See, e.g., S.Rep. No. 100–222, p. 2 (1987) noncommercial activities is to be made, this is not the case (federal school assistance is “a prudent investment”); Senate in which to make it. The majority clearly cannot intend Appropriations Committee Hearing (1994) (private sector such a distinction to focus narrowly on an act of gun management of public schools); cf. Chubb & Moe 185– possession standing by itself, for such a reading could not 229 (school choice); Hanushek 85–122 (performance based be reconciled with either the civil rights cases ( McClung incentives for educators); Gibbs (decision in Hartford, Conn., and Daniel ) or Perez—in each of those cases the specific to contract out public school system). Why could Congress, transaction (the race-based exclusion, the use of force) was for Commerce Clause purposes, not consider schools as not itself “commercial.” And, if the majority instead means roughly analogous to commercial investments from which the to distinguish generally among broad categories of activities, Nation derives the benefit of an educated work force? differentiating what is educational from what is commercial, then, as a *629 practical matter, the line becomes almost impossible to draw. Schools that teach reading, writing,

The third legal problem created by the Court's holding is that significant connection between guns in or near schools and it threatens legal uncertainty in an area of law that, until this (through their effect on education) the interstate and foreign case, seemed reasonably well settled. Congress has enacted commerce they threaten. For these reasons, I would reverse many statutes (more than 100 sections of the United States the judgment of the Court of Appeals. Respectfully, I dissent. Code), including criminal statutes (at least 25 sections), that use the words “affecting commerce” to define their scope, see, e.g., 18 U.S.C. § 844(i) (destruction of buildings used in APPENDIX TO OPINION OF BREYER, J. activity affecting interstate commerce), and other statutes that contain no jurisdictional language at all, see, e.g., 18 U.S.C. § Congressional Materials 922(o)(1) (possession of machineguns). Do these, or similar, statutes regulate noncommercial activities? If so, would that (in reverse chronological order) alter the meaning of “affecting commerce” in a jurisdictional element? Cf. United States v. Staszcuk, 517 F.2d 53, 57– Private Sector Management of Public Schools, Hearing 58 (CA7 1975) (en **1665 banc) (Stevens, J.) (evaluation before the Subcommittee on Labor, Health and Human of Congress' intent “requires more than a consideration Services, and Education and Related Agencies of the of the consequences of the particular transaction”). More Senate Committee on Appropriations, 103d Cong., 2d importantly, in the absence of a jurisdictional element, are the Sess. (1994) (Senate Appropriations Committee Hearing courts nevertheless to take Wickard, 317 U.S., at 127–128, (1994)). 63 S.Ct., at 90–91 (and later similar cases) as inapplicable, and to judge the effect of a single noncommercial activity *632 Children and Gun Violence, Hearings before on interstate commerce without considering similar instances the Subcommittee on Juvenile Justice of the Senate of the forbidden conduct? However these questions are Committee on the Judiciary, 103d Cong., 1st Sess. eventually resolved, the legal uncertainty now created will (1993) (Senate Judiciary Committee Hearing (1993)). restrict Congress' ability to enact criminal laws aimed at criminal behavior that, considered problem by problem rather Keeping Every Child Safe: Curbing the Epidemic *631 than instance by instance, seriously threatens the of Violence, Joint Hearing before the Subcommittee economic, as well as social, well-being of Americans. on Children, Family, Drugs and Alcoholism of the Senate Committee on Labor and Human Resources and the House Select Committee on Children, Youth, and Families, 103d Cong., 1st Sess. (1993). IV Recess from Violence: Making our Schools Safe, In sum, to find this legislation within the scope of the Hearing before the Subcommittee on Education, Arts Commerce Clause would permit “Congress ... to act in and Humanities of the Senate Committee on Labor and terms of economic ... realities.” North American Co. v. Human Resources, 103d Cong., 1st Sess. (1993) (Senate SEC, 327 U.S., at 705, 66 S.Ct., at 796 (citing Swift & Labor and Human Resources Committee Hearing Co. v. United States, 196 U.S., at 398, 25 S.Ct., at 280 (1993)). (Holmes, J.)). It would interpret the Clause as this Court has traditionally interpreted it, with the exception of one wrong Preparing for the Economy of the 21st Century, Hearings turn subsequently corrected. See Gibbons v. Ogden, 9 Wheat., before the Subcommittee on Children, Family, Drugs at 195 (holding that the commerce power extends “to all the and Alcoholism of the Senate Committee on Labor and external concerns of the nation, and to those internal concerns Human Resources, 102d Cong., 2d Sess. (1992). which affect the States generally”); United States v. Darby, 312 U.S., at 116–117, 61 S.Ct., at 458 (“The conclusion is Children Carrying Weapons: Why the Recent Increase, inescapable that Hammer v. Dagenhart [the child labor case] Hearing before the Senate Committee on the Judiciary, was a departure from the principles which have prevailed in 102d Cong., 2d Sess. (1992). the interpretation of the Commerce Clause both before and Youth Violence Prevention, Hearing before the Senate since the decision.... It should be and now is overruled”). Committee on Governmental Affairs, 102d Cong., 2d Upholding this legislation would do no more than simply Sess. (1992). recognize that Congress had a “rational basis” for finding a

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Negative Citing References (390) The KeyCited document has been negatively referenced by the following events or decisions in other litigation or proceedings:

Treatment Title Date Type Depth Headnote(s) Superseded Aug. 13, Case 1. U.S. v. Danks 4 by Statute as 1999 6 Stated in 221 F.3d 1037 , 8th Cir.(N.D.) S.Ct. CRIMINAL JUSTICE - Weapons. Amended school zone firearms statute is constitutional. Superseded Aug. 10, Case 2. U.S. v. Dorsey 4 by Statute as 2005 6 Stated in 418 F.3d 1038 , 9th Cir.(Alaska) S.Ct. CRIMINAL JUSTICE - Arrest. Officers had probable cause to arrest defendant.

Superseded 3. U.S. v. Sanderson Dec. 05, Case 1 by Statute as 2011 6 Stated in 2011 WL 6042394 , E.D.Cal. S.Ct. On August 31, 2011, defendant Jeffre Sean Sanderson moved to dismiss his case on the grounds that the statute under which his conviction was entered, following a guilty plea,...

Superseded 4. Medlyn v. United States Aug. 04, Case 4 by Statute as 2017 Stated in 2017 WL 3337271 , E.D.N.C. S.Ct. This matter is before the court on the government's Motion to Dismiss, [DE #159], in response to petitioner's Motion to Vacate under 28 U.S.C. § 2255, [DE #149, #157]. Petitioner...

Superseded 5. Huff v. TeleCheck Services, Inc. May 03, 2019 Case 1 by Statute as S.Ct. Stated in 923 F.3d 458 , 6th Cir.(Tenn.) COMMERCIAL LAW — Consumer Credit. Consumer failed to show that he suffered injury in fact, as required to establish standing, in FCRA action.

Disagreement 6. U.S. v. Moon Mar. 09, 1999 Case — Recognized by 178 F.3d 1297 , 6th Cir.(Ky.) This is an appeal by defendant Larry Moon from his jury conviction on four counts of trafficking in crack cocaine. He raises three issues on appeal: (1) prosecutorial misconduct;... Disagreement Mar. 10, 1999 Case 7. Kuromiya v. U.S. 2 Recognized by 4 6 37 F.Supp.2d 717 , E.D.Pa. Individuals who sought to use marijuana for medicinal S.Ct. purposes brought action against government challenging constitutionality of federal criminal laws prohibiting marijuana....

Disagreement 8. United States v. Haile Jan. 10, 2019 Case 1 Recognized by 4 758 Fed.Appx. 835 , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE — Sentencing. Sentence of 120- S.Ct. months' imprisonment imposed on defendant convicted of possession of a stolen firearm was procedurally reasonable.

Treatment Title Date Type Depth Headnote(s)

Called into 9. U.S. v. Katz Sep. 12, Case 4 Doubt by 1997 124 F.3d 214 , 9th Cir.(Wash.) S.Ct. Michael Norman Katz appeals pro se his 30-month sentence imposed following a guilty plea to wire fraud and tax fraud on several grounds. We have jurisdiction pursuant to 28...

Declined to 10. U.S. v. Brown May 23, 1995 Case 4 Extend by 6 893 F.Supp. 11 , M.D.N.C. S.Ct. Defendant charged with being felon-in-possession of firearm moved to dismiss indictment. The District Court, Tilley, J., held that Congress had authority under commerce clause to... Declined to May 31, 1995 Case 11. U.S. v. Hanna 4 Extend by S.Ct. 55 F.3d 1456 , 9th Cir.(Cal.) BradyViolations. Inconsistencies in police report and arresting officer's testimony warranted evidentiary hearing on Brady claim.

Declined to 12. U.S. v. Wilks July 06, 1995 Case 2 Extend by 4 58 F.3d 1518 , 10th Cir.(Okla.) 6 Defendant was convicted in the United States District S.Ct. Court for the Northern District of Oklahoma, H. Dale Cook, Senior District Judge, on his plea of guilty to illegal possession...

Declined to 13. U.S. v. Arena July 25, 1995 Case 4 Extend by 6 894 F.Supp. 580 , N.D.N.Y. S.Ct. Defendants charged with extortion and conspiracy to commit extortion in violation of Hobbs Act, in connection with abortion protest activities moved to dismiss indictment and for...

Declined to 14. U.S. v. McCord July 31, 1995 Case 2 Extend by 4 904 F.Supp. 1029 , D.Neb. 6 Defendant was indicted for unlawfully receiving firearm S.Ct. shipped in interstate commerce and making false statement to obtain firearm. Defendant moved to dismiss indictment. The... Declined to Sep. 07, Case 15. U.S. v. Bishop 2 Extend by 1995 4 6 66 F.3d 569 , 3rd Cir.(N.J.) Defendants were convicted in the United States S.Ct. District Court for the District of New Jersey, Alfred J. Lechner, Jr., J., of carjacking and use of a firearm during commission of a... Declined to Oct. 18, 1995 Case 16. U.S. v. Sherlin 4 Extend by 6 67 F.3d 1208 , 6th Cir.(Tenn.) S.Ct. Defendants were convicted, in the United States District Court for the Eastern District of Tennessee, R. Allan Edgar, J., of conspiracy, arson, and perjury, and they appealed,...

Declined to 17. U.S. v. Boone Oct. 30, 1995 Case 2 Extend by 4

Treatment Title Date Type Depth Headnote(s) 904 F.Supp. 868 , N.D.Ind. 6 Defendant was charged with violating statute prohibiting S.Ct. unlicensed persons from importing, manufacturing, or dealing in firearms. On defendant's motion to dismiss superseding...

Declined to 18. U.S. v. Yian Nov. 01, Case 4 Extend by 1995 S.Ct. 905 F.Supp. 160 , S.D.N.Y. Defendants sought to dismiss charges on grounds that Hostage Taking Act was not constitutional. The District Court, Cote, J., held that: (1) Congress had power to enact Act;... Declined to Nov. 17, Case 19. U.S. v. Bell 4 Extend by 1995 5 6 70 F.3d 495 , 7th Cir.(Ill.) Defendant was convicted, following guilty plea, in the S.Ct. United States District Court for the Central District of Illinois, Richard Mills, J., of possession by felon of firearm that...

Declined to 20. U.S. v. McMillan Nov. 22, Case 4 Extend by 1995 5 946 F.Supp. 1254 , S.D.Miss. 6 United States sought preliminary injunction against S.Ct. abortion protestor under the Freedom of Access to Clinic Entrances Act (FACE). The District Court, Wingate, J., held that:... Declined to Nov. 29, Case 21. U.S. v. Maloney 2 Extend by 1995 4 6 71 F.3d 645 , 7th Cir.(Ill.) Defendant, a former county circuit court judge, was S.Ct. charged with racketeering conspiracy, racketeering, extortion under color of official right, and obstruction of justice. ... Declined to Dec. 01, Case 22. U.S. v. Lynch 2 Extend by 1995 4 6 908 F.Supp. 284 , D.Virgin Islands Defendant, who was charged with various drug S.Ct. offenses, moved to dismiss count of possession of firearm during drug trafficking crime, and to suppress use of certain evidence. The...

Declined to 23. U.S. v. Brown Dec. 28, Case 1 Extend by 1995 4 72 F.3d 96 , 8th Cir.(Mo.) 6 Defendant was convicted of possession of cocaine S.Ct. base with intent to distribute and use of firearm during drug trafficking offense in the United States District Court for the...

Declined to 24. U.S. v. Cardoza Jan. 16, 1996 Case 2 Extend by 4 914 F.Supp. 683 , D.Mass. 6 Following denial of motion to dismiss indictment, S.Ct. defendant was convicted of weapons offenses. In subsequent memorandum explaining denial of motion to dismiss, the District...

Declined to 25. U.S. v. Latella Jan. 23, 1996 Case 4 Extend by 1996 WL 23148 , S.D.N.Y. S.Ct.

Treatment Title Date Type Depth Headnote(s) The indictment charges Daniel Latella with being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and with possessing with intent to distribute six... Declined to Feb. 28, 1996 Case 26. Goetz v. Glickman 2 Extend by 4 5 920 F.Supp. 1173 , D.Kan. Beef producer brought action challenging S.Ct. constitutionality of Beef Promotion and Research Act of 1985. On motions to dismiss by defendant Secretary of Agriculture and... Declined to Mar. 06, 1996 Case 27. Matter of Grand Jury Investigation of Targets 4 Extend by S.Ct. 918 F.Supp. 1374 , S.D.Cal. Targets of federal grand jury investigation concerning alleged corruption among former state court judges filed preindictment motion to disqualify local United States Attorney's...

Declined to 28. U.S. v. Arena Mar. 19, 1996 Case 4 Extend by 6 918 F.Supp. 561 , N.D.N.Y. S.Ct. Defendants who had been convicted of violating and conspiring to violate the Hobbs Act by causing butyric acid attacks on medical facilities providing abortion services moved for...

Declined to 29. U.S. v. Genao Apr. 01, 1996 Case 2 Extend by 4 79 F.3d 1333 , 2nd Cir.(N.Y.) 6 Defendant was convicted by the United States District S.Ct. Court for the Southern District of New York, John S. Martin, Jr., J., of conspiracy to distribute controlled substance, and he... Declined to June 07, Case 30. U.S. v. Staples 2 Extend by 1996 4 6 85 F.3d 461 , 9th Cir.(Wash.) Defendant pleaded guilty to possession of firearm in S.Ct. connection with drug trafficking crime in the United States District Court for the Western District of Washington, Barbara... Declined to June 11, Case 31. U.S. v. Hernandez 4 Extend by 1996 6 85 F.3d 1023 , 2nd Cir.(N.Y.) S.Ct. After motions to suppress evidence and for severance were denied, 1994 WL 320373 and 1994 WL 320379, three defendants were convicted in the United States District Court for the... Declined to June 19, Case 32. Doe v. Doe 2 Extend by 1996 4 6 929 F.Supp. 608 , D.Conn. Wife sought damages against husband under civil S.Ct. rights remedy provision of Violence Against Women Act (VAWA), based on alleged deprivation of wife's right to be free from... Declined to July 17, 1996 Case 33. U.S. v. Rogers 4 Extend by 6 89 F.3d 1326 , 7th Cir.(Ill.) S.Ct.

Treatment Title Date Type Depth Headnote(s) Defendants were convicted of various drug-related activities, including murder in furtherance of continuing criminal enterprise (CCE) and possession and distribution of cocaine.... Declined to July 25, 1996 Case 34. U.S. v. Tucker 2 Extend by 4 6 90 F.3d 1135 , 6th Cir.(Mich.) Defendants were convicted in the United States District S.Ct. Court for the Western District of Michigan, Richard A. Enslen, J., on charges arising from drug trafficking conspiracy. ... Declined to Aug. 06, Case 35. U.S. v. Farnsworth 4 Extend by 1996 6 92 F.3d 1001 , 10th Cir.(Utah) S.Ct. Defendant was convicted of being a felon in possession of a firearm in the United States District Court for the District of Utah, David Sam, J., and received enhanced sentence of... Declined to Aug. 21, Case 36. Kowalczyk v. U.S. 2 Extend by 1996 4 6 936 F.Supp. 1127 , E.D.N.Y. Petitioner's convictions for altering vehicle identification S.Ct. numbers (VINs) and tax evasion were affirmed by the Court of Appeals, 935 F.2d 1277. On petitioner's motion to...

Declined to 37. U.S. v. Orozco Oct. 18, 1996 Case 2 Extend by 4 98 F.3d 105 , 3rd Cir. 6 Defendant pleaded guilty to drug offense and, following S.Ct. bench trial in the District Court, James McGirr Kelly, J., was convicted of distributing cocaine within one thousand feet of...

Declined to 38. U.S. v. McKinney Oct. 23, 1996 Case 2 Extend by 4 98 F.3d 974 , 7th Cir.(Ill.) 6 Defendant was convicted in the United States District S.Ct. Court for Southern District of Illinois, Paul E. Riley, J., of conspiracy to distribute cocaine, distribution of cocaine, and... Declined to Oct. 29, 1996 Case 39. U.S. v. Edwards 4 Extend by 6 98 F.3d 1364 , D.C.Cir. S.Ct. Defendants were convicted on pleas of guilty to distribution of cocaine base in the United States District Court for the District of Columbia, Norma Holloway Johnson, J., and they... Declined to Dec. 24, Case 40. U.S. v. Casterline 4 Extend by 1996 S.Ct. 103 F.3d 76 , 9th Cir.(Or.) Defendant was convicted in the United States District Court for the District of Oregon, Helen J. Frye, J., of being a felon in possession of firearms, and he appealed. The Court...

Declined to 41. U.S. v. McHugh Jan. 10, 1997 Case 2 Extend by 4 967 F.Supp. 1279 , N.D.Ga. 6

Treatment Title Date Type Depth Headnote(s) Defendant was charged with violating Federal Child S.Ct. Support Recovery Act (CSRA). On defendant's motions to dismiss, the District Court, Forrester, J., held that: (1) CSRA does not... Declined to Feb. 07, 1997 Case 42. U.S. v. Bongiorno 2 Extend by 4 6 106 F.3d 1027 , 1st Cir.(Mass.) Following father's conviction for violating Child Support S.Ct. Recovery Act (CSRA), he was ordered to pay restitution and was sentenced to five years of probation, condition of which... Declined to Feb. 10, 1997 Case 43. U.S. v. Allen 4 Extend by 5 106 F.3d 695 , 6th Cir.(Ky.) S.Ct. Defendant was convicted in the United States District Court for the Western District of Kentucky, Charles R. Simpson, C.J., of possession with intent to distribute marijuana,... Declined to June 12, Case 44. U.S. v. Bailey 2 Extend by 1997 4 6 115 F.3d 1222 , 5th Cir.(Tex.) Defendant was charged with failure to pay child support S.Ct. under Child Support Recovery Act (CSRA). The United States District Court for the Western District of Texas, Samuel Fred... Declined to June 23, Case 45. U.S. v. Castleberry 2 Extend by 1997 4 6 116 F.3d 1384 , 11th Cir.(Ga.) Defendant was convicted in the United States District S.Ct. Court for the Northern District of Georgia, No. 1:95– CR–370–1 (WBH), Willis B. Hunt, J., for violations of the Hobbs Act, and... Declined to June 24, Case 46. U.S. v. Meacham 4 Extend by 1997 6 115 F.3d 1488 , 10th Cir.(Utah) S.Ct. Following jury trial, defendant was convicted in the United States District Court for the District of Utah, J. Thomas Greene, J., of transporting a minor in interstate commerce... Declined to July 23, 1997 Case 47. U.S. v. Crump 2 Extend by 4 6 120 F.3d 462 , 4th Cir.(W.Va.) Defendant was convicted in the United States District S.Ct. Court for the Southern District of West Virginia, Robert J. Staker, J., of conspiring to possess cocaine base with intent to... Declined to July 24, 1997 Case 48. U.S. v. Wright 2 Extend by 4 117 F.3d 1265 , 11th Cir.(Ga.) S.Ct. Defendant pleaded guilty in the United States District Court for the Northern District of Georgia, No. 1:94– CR–274–1–ODE, Orinda D. Evans, J., to possessing machineguns and... Declined to July 29, 1997 Case 49. U.S. v. Zizzo 4 Extend by 5 6 120 F.3d 1338 , 7th Cir.(Ill.)

Treatment Title Date Type Depth Headnote(s) Defendants were convicted in the United States S.Ct. District Court for the Northern District of Illinois, Paul E. Plunkett, J., of various offenses including illegal gambling,...

Declined to 50. U.S. v. Woodruff Aug. 06, Case 4 Extend by 1997 6 122 F.3d 1185 , 9th Cir.(Cal.) S.Ct. After defendant was convicted by jury of interfering with interstate commerce by robbery in violation of Hobbs Act, the United States District Court Northern District of... Declined to Aug. 21, Case 51. U.S. v. Henson 4 Extend by 1997 5 6 123 F.3d 1226 , 9th Cir.(Cal.) Defendants were convicted in the United States District S.Ct. Court for the Central District of California, Dickran M. Tevrizian, J., of drug and firearm offenses, and they appealed. ...

Declined to 52. U.S. v. Farrish Aug. 27, Case 4 Extend by 1997 6 122 F.3d 146 , 2nd Cir.(N.Y.) S.Ct. Defendant was convicted in the United States District Court for the Southern District of New York, John E. Sprizzo, J., of violating Hobbs Act by stealing cars, on two occasions,...

Declined to 53. U.S. v. Draine Sep. 25, Case 4 Extend by 1997 6 977 F.Supp. 1138 , D.Kan. S.Ct. Defendant was charged alternatively with either possession of cocaine within 1,000 feet of public school or possession of cocaine after prior conviction, and alternatively with... Declined to Oct. 06, 1997 Case 54. U.S. v. Hartsell 5 Extend by S.Ct. 127 F.3d 343 , 4th Cir.(N.C.) Wastewater treatment and oil reclamation corporation and its principals were convicted in the United States District Court for the Western District of North Carolina, Robert D....

Declined to 55. U.S. v. Cardoza Oct. 27, 1997 Case 2 Extend by 4 129 F.3d 6 , 1st Cir.(Mass.) 6 Defendant was convicted in the United States District S.Ct. Court for the District Of Massachusetts, William G. Young, J., 914 F.Supp. 683, of felon-in-possession of ammunition and of... Declined to Oct. 30, 1997 Case 56. U.S. v. Williams 4 Extend by S.Ct. 128 F.3d 1128 , 7th Cir.(Ill.) Defendant was convicted in the United States District Court for the Southern District of Illinois, William D. Stiehl, J., of being felon in possession of firearm, and was sentenced...

Declined to 57. U.S. v. Workman Jan. 16, 1998 Case 2 Extend by 4 990 F.Supp. 473 , S.D.W.Va. 6 S.Ct.

Treatment Title Date Type Depth Headnote(s) Defendant who was indicted on charges that he had entered pharmacy intending to steal controlled substances moved to dismiss indictment. The District Court, Haden, Chief Judge,...

Declined to 58. U.S. v. Hallmark Const. Co. Sep. 10, Case 2 Extend by 1998 4 14 F.Supp.2d 1069 , N.D.Ill. 6 United States sued property developer under Clean S.Ct. Water Act for allegedly filling a five-acre isolated wetland without obtaining authorization. Developer moved for summary... Declined to Mar. 17, 1999 Case 59. U.S. v. De Leon 4 Extend by S.Ct. 170 F.3d 494 , 5th Cir.(Tex.) Defendant was convicted in the United States District Court for the Southern District of Texas, Ricardo H. Hinojosa, J., of possession of ammunition by convicted felon. Defendant... Declined to Apr. 13, 1999 Case 60. U.S. v. Threadgill 2 Extend by 4 6 172 F.3d 357 , 5th Cir.(Tex.) Five defendants were convicted of conducting an illegal S.Ct. gambling business and conspiring to commit money laundering, and one of them was also convicted of structuring financial... Declined to June 28, Case 61. U.S. v. Smith 4 Extend by 1999 S.Ct. 182 F.3d 452 , 6th Cir.(Mich.) Following jury trial, defendant was convicted in the United States District Court for the Eastern District of Michigan, Julian A. Cook, Jr., J., of robbery, using or carrying a...

Declined to 62. Navegar, Inc. v. U.S. Oct. 08, 1999 Case 2 Extend by 4 192 F.3d 1050 , D.C.Cir. 6 Licensed manufacturers of firearms brought declaratory S.Ct. judgment action challenging constitutionality of Violent Crime Control and Law Enforcement Act section making it unlawful to... Declined to Aug. 16, Case 63. U.S. v. Feliciano 2 Extend by 2000 4 6 223 F.3d 102 , 2nd Cir.(Conn.) CRIMINAL JUSTICE - Jury. Conducting portion of voir S.Ct. dire outside defendants' hearing was not reversible error.

Declined to 64. U.S. v. Morris Apr. 18, 2001 Case 4 Extend by 6 247 F.3d 1080 , 10th Cir.(Kan.) S.Ct. CRIMINAL JUSTICE - Double Jeopardy. Convictions for firearm use during robbery violated Double Jeopardy Clause.

Declined to 65. U.S. v. Stephen Aug. 20, Case — Extend by 2001 19 Fed.Appx. 196 , 6th Cir.(Mich.) CRIMINAL JUSTICE - Sex Offenses. Statute prohibiting interstate travel with intent to engage in a sexual act with a juvenile did not violate due process.

Treatment Title Date Type Depth Headnote(s)

Declined to 66. Nanda v. Board of Trustees of University of Illinois Aug. 21, Case 4 Extend by 2001 219 F.Supp.2d 911 , N.D.Ill. S.Ct. EDUCATION - Labor and Employment. Illinois tort law claim was preempted by Illinois Human Rights Act.

Declined to 67. U.S. v. Woodruff July 03, 2002 Case 4 Extend by 296 F.3d 1041 , 11th Cir.(Ga.) S.Ct. CRIMINAL JUSTICE - Weapons. Weapon used during robberies was proven to be “firearm” even though weapon was not in evidence.

Declined to 68. U.S. v. Lemons Sep. 12, Case 4 Extend by 2002 6 302 F.3d 769 , 7th Cir.(Wis.) S.Ct. CRIMINAL JUSTICE - Weapons. Application of felon- in-possession statute did not exceed Congress' Commerce Clause authority.

Declined to 69. U.S. v. Robinson Sep. 25, Case 4 Extend by 2002 47 Fed.Appx. 644 , 4th Cir.(Md.) S.Ct. Gary A. Robinson was convicted of being a felon in possession of a firearm. On appeal, he raises three issues. For the reasons that follow, we affirm. First, Robinson alleges... Declined to Dec. 05, Case 70. U.S. v. Espinoza 4 Extend by 2002 6 52 Fed.Appx. 846 , 7th Cir.(Ill.) S.Ct. CRIMINAL JUSTICE - Racketeering. Government was required to show only de minimis nexus between gang's activities and interstate commerce.

Declined to 71. Life Teen Inc. v. Yavapai County Mar. 26, 2003 Case 4 Extend by 6 2003 WL 24224618 , D.Ariz. S.Ct. There are several motions currently pending before the Court in this case. Defendant Yarnell Water Improvement Association (YWIA) has filed a Motion for Summary Judgment (doc. #... Declined to Apr. 01, 2003 Case 72. Rancho Viejo, LLC v. Norton 2 Extend by 4 6 323 F.3d 1062 , D.C.Cir. ENVIRONMENTAL LAW - Endangered Species. S.Ct. Regulation of proposed housing project, through application of ESA, did not violate Commerce Clause. Declined to June 02, Case 73. Citizens Bank v. Alafabco, Inc. 2 Extend by 2003 5 123 S.Ct. 2037 , U.S.Ala. S.Ct. FINANCE AND BANKING - Arbitration. Debt- restructuring agreements were contracts “involving commerce,” for arbitration purposes.

Declined to 74. U.S. v. Ellis June 25, Case — Extend by 2003 68 Fed.Appx. 456 , 4th Cir.(N.C.) CRIMINAL JUSTICE - Appeals. Given defendant's voluntary waiver, claim of sentencing error could not be raised on appeal.

Declined to 75. U.S. v. Thomas Aug. 19, Case 4 Extend by 2003 73 Fed.Appx. 365 , 10th Cir.(Okla.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Judges. District court judge's remarks to prosecution witness did not deny defendant right to fair trial. Declined to Aug. 28, Case 76. County of Santa Cruz, Cal. v. Ashcroft 4 Extend by 2003 S.Ct. 279 F.Supp.2d 1192 , N.D.Cal. CIVIL RIGHTS - Injunction. Plaintiffs failed to show likelihood of success on merits, as required for preliminary injunction.

Declined to 77. United States v. Fisher Feb. 04, 2004 Case 1 Extend by 2 2004 WL 7338288 , E.D.Tenn. 5 Defendant originally was indicted for possession of S.Ct. four machine guns in violation of 18 U. S.C. § 922(o). That statute reads as follows: “Except as provided in paragraph 2, it...

Declined to 78. U.S. v. Hopson May 20, 2004 Case 4 Extend by 134 Fed.Appx. 781 , 6th Cir.(Ohio) S.Ct. CRIMINAL JUSTICE - Robbery. Only a de minimis effect on interstate commerce was required to satisfy Commerce Clause in Hobbs Act prosecution. Declined to Nov. 12, Case 79. U.S. v. Robinson — Extend by 2004

389 F.3d 582 , 6th Cir.(Mich.) CRIMINAL JUSTICE - Robbery. Congress had power under Commerce Clause to enact federal bank robbery statute.

Declined to 80. U.S. v. Bosch Feb. 21, 2007 Case 4 Extend by 2007 WL 551617 , E.D.Mo. S.Ct. The above matter was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b). Presently pending before the undersigned for report and...

Declined to 81. U.S. v. Boyd Mar. 23, 2007 Case — Extend by 480 F.3d 1178 , 9th Cir.(Cal.) CRIMINAL JUSTICE - Robbery. Robbery of a California check cashing business constituted a Hobbs Act violation.

Declined to 82. U.S. v. Hacker Feb. 01, 2008 Case 4 Extend by 2008 WL 312689 , D.Neb. S.Ct. This matter is before the Court on the Report and Recommendation (Filing No. 32) issued by Magistrate Judge recommending denial of the motion to dismiss filed by the Defendant,... Declined to July 24, 2008 Case 83. U.S. v. Trent 1 Extend by 4 6 568 F.Supp.2d 857 , S.D.Ohio CRIMINAL JUSTICE - Commerce Clause. A statute S.Ct. criminalizing travel in interstate commerce without sex offender registration did not violate the Commerce Clause. Declined to Mar. 11, 2009 Case 84. U.S. v. Finney — Extend by

Treatment Title Date Type Depth Headnote(s) 316 Fed.Appx. 752 , 10th Cir.(Kan.) CRIMINAL JUSTICE - Weapons. Congress did not exceed its authority under Commerce Clause in making it a crime for felon to possess firearm.

Declined to 85. U.S. v. Vincent Mar. 13, 2009 Case 4 Extend by 316 Fed.Appx. 275 , 4th Cir.(Md.) S.Ct. CRIMINAL JUSTICE - Evidence. Evidence of the drugs found on the defendant's person at the time of his arrest was intrinsic to a firearm charge.

Declined to 86. U.S. v. Alderman May 12, 2009 Case 2 Extend by 4 565 F.3d 641 , 9th Cir.(Wash.) 6 CRIMINAL JUSTICE - Body Armor. Felon-in- S.Ct. possession of body armor statute did not violate Commerce Clause. Declined to July 30, 2009 Case 87. U.S. v. Mosley — Extend by

339 Fed.Appx. 568 , 6th Cir.(Mich.) CRIMINAL JUSTICE - Weapons. Conviction for being a felon in possession of a firearm was supported by sufficient evidence.

Declined to 88. U.S. v. Wescott Aug. 03, Case 4 Extend by 2009 5 576 F.3d 347 , 7th Cir.(Ill.) S.Ct. CRIMINAL JUSTICE - Weapons. At trial for a firearm offense, the defendant could not collaterally attack the validity of the predicate protective order.

Declined to 89. U.S. v. Reed Aug. 13, Case — Extend by 2009 342 Fed.Appx. 800 , 3rd Cir.(Pa.) CRIMINAL JUSTICE - Sentencing. A 235-month sentence for being a felon in possession of a firearm was not an abuse of discretion. Declined to Dec. 18, Case 90. U.S. v. Cavanaugh 4 Extend by 2009 S.Ct. 680 F.Supp.2d 1062 , D.N.D. NATIVE AMERICANS - Crimes. The use of uncounselled tribal court convictions as an essential element of a federal crime violated the right to counsel.

Declined to 91. U.S. v. Princinsky Dec. 21, Case — Extend by 2011 2011 WL 7801555 , E.D.Mich. For the reasons set forth below, IT IS RECOMMENDED that the amended motion be GRANTED. By order of United States District Judge Thomas L. Ludington, this Petition to Enforce... Declined to Feb. 16, 2012 Case 92. U.S. v. Ferguson 1 Extend by 4 6 844 F.Supp.2d 810 , E.D.Mich. CRIMINAL JUSTICE - Jurisdiction. Federal S.Ct. Government's interest in housing project was sufficient to provide District Court with jurisdiction.

Declined to 93. U.S. v. Gibert Apr. 20, 2012 Case 1 Extend by 2 677 F.3d 613 , 4th Cir.(S.C.) 5 S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Animals. Animal fighting prohibition in the Animal Welfare Act did not exceed Congress' authority under the Commerce Clause. Declined to Oct. 15, 2012 Case 94. U.S. v. Robinson 1 Extend by 5 6 903 F.Supp.2d 766 , E.D.Mo. CRIMINAL JUSTICE - Evidence. Precedent from S.Ct. other circuits does not support good faith exception to exclusionary rule.

Declined to 95. U.S. v. Jenkins Oct. 15, 2012 Case 1 Extend by 2 909 F.Supp.2d 758 , E.D.Ky. 5 CRIMINAL JUSTICE - Hate Crimes. Matthew Shepherd S.Ct. and James Bird Hate Crime Prevention Act generally and as applied was valid under Commerce Clause.

Declined to 96. U.S. v. Tucker Jan. 24, 2013 Case 1 Extend by 511 Fed.Appx. 166 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE - Sentencing. Defendant's 180- month sentence for felon in possession of firearm was procedurally and substantively reasonable.

Declined to 97. U.S. v. Bandy June 14, Case 1 Extend by 2013 2013 WL 2940643 , N.D.Ind. S.Ct. This matter is before the Court on the Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, filed by Defendant, Anthony Jerome...

Declined to 98. U.S. v. Stokes Aug. 01, Case 1 Extend by 2013 5 726 F.3d 880 , 7th Cir.(Ill.) 6 CRIMINAL JUSTICE - Searches and Seizures. Fourth S.Ct. Amendment's warrant requirement did not apply to search of home in Thailand.

Declined to 99. U.S. v. Mason Jan. 06, 2014 Case 1 Extend by 2 993 F.Supp.2d 1308 , D.Or. 4 GLBT - Criminal Justice. Hate Crimes Prevention Act S.Ct. was facially constitutional under Commerce Clause since it contained jurisdictional element.

Declined to 100. U.S. v. Ramirez Sep. 02, Case 1 Extend by 2014 4 2014 WL 4365075 , S.D.Tex. S.Ct. Pending before the Court are Defendant's Motion to Dismiss fo r Failure to Timely Indict (Doc. No. 12) ; Motion to Dismiss for Unconstitutionality (Doc. No. 14); and Motion to...

Declined to 101. U.S. v. Erity Nov. 05, Case 1 Extend by 2015 631 Fed.Appx. 671 , 11th Cir.(Fla.) S.Ct. CRIMINAL JUSTICE - Evidence. Court's alleged error in admitting extrinsic evidence of firearm possession defendant's narcotics involvement, if any, was harmless.

Declined to 102. United States v. Cintron-Aponte Apr. 06, 2016 Case 1 Extend by 4 2016 WL 3080558 , D.Puerto Rico 6 S.Ct.

Treatment Title Date Type Depth Headnote(s) In June 2015, Jose Cintron-Aponte (“Cintron”) was indicted on one count of violating 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). Docket No. 13. The indictment alleged...

Declined to 103. United States v. Beckley Oct. 04, 2016 Case — Extend by 2016 WL 5791455 , E.D.Mich. This matter came before the court on defendant Dantez Beckley's July 27, 2016 motion to dismiss, motion to dismiss Count II, and motion to suppress evidence. The government filed...

Declined to 104. Jackson v. United States Mar. 22, 2018 Case — Extend by 2018 WL 10447104 , M.D.N.C. Petitioner Jerome Jerrell Jackson, a federal prisoner, has brought a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. (Docket Entry 24.) Petitioner...

Declined to 105. United States v. Le Aug. 27, Case 1 Extend by 2018 2 902 F.3d 104 , 2nd Cir.(N.Y.) 4 CRIMINAL JUSTICE — Weapons. Principles of S.Ct. federalism did not preclude defendant's conviction for attempting to acquire lethal biological toxin ricin.

Declined to 106. United States v. Esposito Apr. 01, 2019 Case 4 Extend by S.Ct. 371 F.Supp.3d 288 , M.D.La. CRIMINAL JUSTICE — Jurisdiction. Exceptional circumstances were not present, as would warrant district court's abstention under Colorado River from defendant's prosecution. Declined to May 02, 2019 Case 107. United States v. Daley 1 Extend by 4 6 378 F.Supp.3d 539 , W.D.Va. CRIMINAL JUSTICE — Hate Crimes. Application of S.Ct. Federal Anti-Riot Act to Charlottesville demonstrators did not violate their First Amendment rights.

Declined to 108. APC Home Health Services, Inc. v. Martinez Dec. 12, Case 1 Extend by 2019 2 600 S.W.3d 381 , Tex.App.-El Paso 6 LABOR AND EMPLOYMENT — Arbitration. S.Ct. Circumstances around negotiation of employee's arbitration agreement were not sufficiently shocking to render agreement procedurally...

Distinguished 109. United States v. Arias Oct. 27, 1995 Case 1 by 4 1995 WL 18239365 , S.D.Fla. S.Ct. This Cause came before the undersigned on Defendant —David Arias' Motion To Dismiss The Indictment, filed September 28, 1995. The Government filed its response on October 19, 1995....

Distinguished 110. U.S. v. Kremetis Nov. 14, Case 2 by 1995 4 903 F.Supp. 250 , D.N.H. 6 Defendant moved to dismiss superseding indictment S.Ct. that charged him with conspiracy, possession with intent to distribute and aiding and abetting unlawful distribution of cocaine. ...

Treatment Title Date Type Depth Headnote(s) Distinguished Dec. 29, Case 111. U.S. v. Wilson 2 by 1995 4 6 73 F.3d 675 , 7th Cir.(Wis.) In prosecution of antiabortion protestors for interfering S.Ct. with and intimidating persons seeking to provide and obtain reproductive health services, the United States District Court...

Distinguished 112. U.S. v. Griffith May 29, 1996 Case 4 by 85 F.3d 284 , 7th Cir.(Ill.) S.Ct. Defendant was convicted in the United States District Court for the Southern District of Illinois, William D. Stiehl, J., of money laundering and Racketeer Influenced and Corrupt...

Distinguished 113. U.S. v. Maldonado June 07, Case 4 by 1996 87 F.3d 1324 , 9th Cir.(Wash.) S.Ct. E.D.Wash. AFFIRMED. Distinguished June 14, Case 114. U.S. v. DiSanto 2 by 1996 4 6 86 F.3d 1238 , 1st Cir.(Mass.) Defendant was convicted in the United States District S.Ct. Court for the District of Massachusetts, Reginald C. Lindsay, J., of attempted arson and conspiracy to commit arson. ...

Distinguished 115. U.S. v. Hermanson July 10, 1996 Case 4 by 6 91 F.3d 156 , 9th Cir.(Nev.) S.Ct. D.Nev. AFFIRMED. Distinguished Aug. 02, Case 116. U.S. v. McMasters 2 by 1996 4 6 90 F.3d 1394 , 8th Cir.(Iowa) Defendants were convicted in the United States District S.Ct. Court for the Southern District of Iowa, Harold D. Vietor, J., of conspiracy to distribute marijuana and cocaine base,... Distinguished Aug. 19, Case 117. U.S. v. Zorrilla 2 by 1996 4 6 93 F.3d 7 , 1st Cir.(Puerto Rico) Defendants were charged with aiding and abetting S.Ct. each other in the intended distribution of a controlled substance within 1,000 feet of a school and challenged the... Distinguished Sep. 06, Case 118. U.S. v. Tisor 4 by 1996 5 6 96 F.3d 370 , 9th Cir.(Wash.) Defendant was convicted in the United States District S.Ct. Court for the Eastern District of Washington, Fred L. Van Sickle, Senior District Judge, of conspiracy to distribute... Distinguished Oct. 01, 1996 Case 119. U.S. v. McHenry 2 by 4 6 97 F.3d 125 , 6th Cir.(Ohio) Defendant was convicted in the United States District S.Ct. Court for the Northern District of Ohio, David D. Dowd,

Treatment Title Date Type Depth Headnote(s) Jr., J., of carjacking, using or carrying firearm in relation to crime...

Distinguished 120. U.S. v. Smith Nov. 26, Case 4 by 1996 6 101 F.3d 202 , 1st Cir.(Mass.) S.Ct. Defendants were convicted, following jury trial in the United States District Court for the District of Massachusetts, William G. Young, J., of being felons in possession of...

Distinguished 121. U.S. v. Caruso Nov. 27, Case 3 by 1996 4 948 F.Supp. 382 , D.N.J. S.Ct. Defendant, who was partner in accounting firm and who was charged under mail fraud and other statutes in connection with charity fraud scheme, brought pretrial motions to, inter... Distinguished Dec. 30, Case 122. U.S. v. Rybar 2 by 1996 4 6 103 F.3d 273 , 3rd Cir.(Pa.) Defendant was convicted of unlawful transfer or S.Ct. possession of machine gun by the United States District Court for the Western District of Pennsylvania, Alan N. Bloch, J., after... Distinguished Mar. 14, 1997 Case 123. U.S. v. Gaydos 2 by 4 6 108 F.3d 505 , 3rd Cir.(Pa.) Defendant was convicted in the United States District S.Ct. Court for the Western District of Pennsylvania, William L. Standish, J., of malicious destruction of property by means of...

Distinguished 124. U.S. v. Harrington Mar. 25, 1997 Case 2 by 4 108 F.3d 1460 , D.C.Cir. 6 Defendant was convicted in the United States District S.Ct. Court for the District of Columbia, James Robertson, J., of aiding and abetting robbery in violation of Hobbs Act, aiding and...

Distinguished 125. Kilroy v. Superior Court Apr. 28, 1997 Case 2 by 4 63 Cal.Rptr.2d 390 , Cal.App. 2 Dist. 6 FAMILY LAW - Child Support. Under Full Faith and S.Ct. Credit for Child Support Orders Act, California courts had no jurisdiction to modify Georgia child support order.

Distinguished 126. U.S. v. Hernandez-Guerrero May 01, 1997 Case 4 by 6 963 F.Supp. 933 , S.D.Cal. S.Ct. Alien who was charged with illegal reentry after deportation moved to dismiss indictment, alleging that Congress exceeded its constitutional authority in enacting statute... Distinguished Aug. 15, Case 127. U.S. v. Francis 4 by 1997 6 975 F.Supp. 288 , S.D.N.Y. S.Ct. Defendant, who was charged with transmitting threats in interstate communications, moved to dismiss indictment. The District Court, Sweet, J., held that: (1) whether defendant...

Treatment Title Date Type Depth Headnote(s) Distinguished Aug. 26, Case 128. Anisimov v. Lake 2 by 1997 4 6 982 F.Supp. 531 , N.D.Ill. Female employee allegedly injured in assaults by her S.Ct. male employer brought action against employer under Violence Against Women Act (VAWA). On employer's motion to dismiss, the... Distinguished Sep. 03, Case 129. U.S. v. Black 2 by 1997 4 6 125 F.3d 454 , 7th Cir.(Ind.) Defendants were convicted, respectively, in the United S.Ct. States District Court for the Northern District of Indiana, Rudy Lozano, J., and the United States District Court for the... Distinguished Nov. 18, Case 130. Crisonino v. New York City Housing Authority 2 by 1997 4 5

985 F.Supp. 385 , S.D.N.Y. S.Ct. Former employee of city housing authority brought action against the authority, her former supervisor and other authority officials, asserting claim of sexually hostile work... Distinguished Dec. 09, Case 131. U.S. v. Houser 4 by 1997 S.Ct. 130 F.3d 867 , 9th Cir.(Idaho) Following jury trial, defendant was convicted in the United States District Court for the District of Idaho, Edward J. Lodge, J., of murder in the second degree and use of a... Distinguished Dec. 23, Case 132. Brzonkala v. Virginia Polytechnic Institute and 2 by 1997 4 State University 6

132 F.3d 949 , 4th Cir.(Va.) S.Ct. Former university student brought action against university and other students, who allegedly raped her, under Title IX and Violence Against Women Act (VAWA). The United States... Distinguished Jan. 16, 1998 Case 133. U.S. v. Tocco 4 by 5 6 135 F.3d 116 , 2nd Cir.(N.Y.) Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Eastern District of New York, Jack B. Weinstein, J., of arson homicide, arson conspiracy,... Distinguished Mar. 13, 1998 Case 134. Pryor v. Reno 1 by 2 6 998 F.Supp. 1317 , M.D.Ala. State of Alabama brought action challenging S.Ct. constitutionality of federal Driver's Privacy Protection Act (DPPA), which regulated use by states of information contained in motor...

Distinguished 135. U.S. v. Williams Mar. 25, 1998 Case 4 by S.Ct. 159 F.3d 638 , D.C.Cir. This appeal was considered on the record from the United States District Court for the District of Columbia

Treatment Title Date Type Depth Headnote(s) and on the briefs filed by the parties. The court has determined that... Distinguished Mar. 25, 1998 Case 136. U.S. v. Thompson 4 by 6 118 F.Supp.2d 723 , W.D.Tex. S.Ct. CRIMINAL JUSTICE - Animals. Statute prohibiting involvement in animal fighting ventures did not violate Commerce Clause. Distinguished Apr. 15, 1998 Case 137. U.S. v. Walker 4 by S.Ct. 142 F.3d 103 , 2nd Cir.(N.Y.) Following denial of their motions for judgments of acquittal, 912 F.Supp. 646, and to dismiss charge of engaging in continuing criminal enterprise, 912 F.Supp. 655, defendants were...

Distinguished 138. U.S. v. Pierson Apr. 17, 1998 Case 2 by 4 139 F.3d 501 , 5th Cir.(Tex.) 6 Defendant was convicted in the United States District S.Ct. Court for the Western District of Texas, Walter S. Smith, Jr., J., of mailing destructive device with intent to kill or...

Distinguished 139. U.S. v. Cobb May 18, 1998 Case 4 by 6 144 F.3d 319 , 4th Cir.(S.C.) S.Ct. Defendant was convicted in the United States District Court for the District of South Carolina, David C. Norton, J., of carjacking, use of firearm during crime of violence, and... Distinguished June 05, Case 140. Gillespie v. City of Indianapolis 4 by 1998 6 13 F.Supp.2d 811 , S.D.Ind. S.Ct. City police officer who had been convicted of a domestic violence offense sued the city, the police department, and the police chief, seeking injunctive relief to protect his... Distinguished June 22, Case 141. Timm v. Delong 2 by 1998 4 6 59 F.Supp.2d 944 , D.Neb. Former wife brought action against former husband S.Ct. under Violence Against Women Act (VAWA). Upon former husband's motion to dismiss, the District Court, Shanahan, J., held that: (1)... Distinguished June 23, Case 142. U.S. v. Boyd 2 by 1998 4 6 149 F.3d 1062 , 10th Cir.(Okla.) Defendants were convicted in the United States District S.Ct. Court for the Western District of Oklahoma, David L. Russell, J., of operating an illegal gambling business, and one of them...

Distinguished 143. U.S. v. Tate Aug. 31, Case 4 by 1998 S.Ct. 163 F.3d 600 , 4th Cir.(N.C.) Tom Aaron Tate (''Tate'') appeals his convictions for conspiracy to obstruct, delay, and affect commerce by robbery, in violation of 18 U.S.C.A. § 1951(a) (West Supp.1998);...

Treatment Title Date Type Depth Headnote(s) Distinguished Sep. 11, Case 144. U.S. v. Franklyn 2 by 1998 4 6 157 F.3d 90 , 2nd Cir.(N.Y.) Following jury trial, first defendant was convicted in the S.Ct. United States District Court for the Southern District of New York, Cote, J., of possessing a machine gun and possessing... Distinguished Sep. 24, Case 145. Ziegler v. Ziegler 1 by 1998 4 5 28 F.Supp.2d 601 , E.D.Wash. Wife sued husband, asserting claims under Gender– S.Ct. Motivated Violence Act (GMVA), as well as state law claims of malicious harassment, tort of domestic violence, outrage, assault and... Distinguished Oct. 20, 1998 Case 146. U.S. v. Owens 4 by 6 159 F.3d 221 , 6th Cir.(Tenn.) S.Ct. Defendants were convicted in the United States District Court for the Western District of Tennessee, Odell Horton, J., of conspiracy and other charges relating to gambling,... Distinguished Oct. 27, 1998 Case 147. In re Pfohl Bros. Landfill Litigation 4 by 5 6 26 F.Supp.2d 512 , W.D.N.Y. Action was brought against parties who allegedly S.Ct. owned and operated landfill or were otherwise responsible for the generation or transportation of hazardous substances to the...

Distinguished 148. U.S. v. Cunningham Dec. 04, Case 2 by 1998 4 161 F.3d 1343 , 11th Cir.(Fla.) 6 Following denial of his motion to dismiss indictment, S.Ct. defendant entered conditional guilty plea and was convicted in the United States District Court for the Northern District of... Distinguished Dec. 22, Case 149. Spetalieri v. Kavanaugh 4 by 1998 S.Ct. 36 F.Supp.2d 92 , N.D.N.Y. Police administrator brought civil rights action against persons and organizations involved in taping and dissemination of telephone conversation in which he used racially...

Distinguished 150. U.S. v. Guerra Jan. 14, 1999 Case 4 by 164 F.3d 1358 , 11th Cir.(Fla.) S.Ct. Defendant was convicted in the United States District Court for the Southern District of Florida, No. 96-588- CR-NCR, Jacob Mishler, J., of armed robbery of service station in... Distinguished Feb. 17, 1999 Case 151. U.S. v. Bostic 4 by 6 168 F.3d 718 , 4th Cir.(W.Va.) S.Ct. Defendant pleaded guilty in the United States District Court for the Southern District of West Virginia, Charles H. Haden II, Chief District Judge, to unlawful possession of a...

Treatment Title Date Type Depth Headnote(s)

Distinguished 152. U.S. v. Page Feb. 23, 1999 Case 4 by 6 167 F.3d 325 , 6th Cir.(Ohio) S.Ct. Following jury trial, defendant was convicted in the United States District Court for the Southern District of Ohio, Susan J. Dlott, J., of interstate domestic violence under the... Distinguished Feb. 23, 1999 Case 153. U.S. v. Rea 4 by 5 169 F.3d 1111 , 8th Cir.(Minn.) S.Ct. Defendant entered conditional guilty plea in the United States District Court for the District of Minnesota, Michael Davis, J., to conspiracy to commit arson, and defendant... Distinguished Apr. 08, 1999 Case 154. Culberson v. Doan 4 by 5 6 65 F.Supp.2d 701 , S.D.Ohio Family of victim of domestic abuse, presumed dead, S.Ct. sued defendant convicted of her murder, police department which allegedly failed to respond to abuse complaints, and...

Distinguished 155. U.S. v. Vong Apr. 09, 1999 Case 4 by 5 171 F.3d 648 , 8th Cir.(Minn.) S.Ct. Two defendants pleaded guilty in the United States District Court for the District of Minnesota, Michael J. Davis J., to conspiracy to defraud United States, aiding and abetting... Distinguished Apr. 16, 1999 Case 156. Fraternal Order of Police v. U.S. 4 by S.Ct. 173 F.3d 898 , D.C.Cir. Police association brought action challenging amendments to Gun Control Act that prohibited domestic violence misdemeanants from possessing even government-issued firearms. The...

Distinguished 157. U.S. v. Lee Apr. 21, 1999 Case 4 by 5 173 F.3d 809 , 11th Cir.(Ga.) S.Ct. Defendants were convicted in the United States District Court for the Northern District of Georgia, No. 1:96– CR–48–2, Frank M. Hull, J., of operating an illegal gambling casino,... Distinguished May 19, 1999 Case 158. U.S. v. Moghadam 4 by 5 6 175 F.3d 1269 , 11th Cir.(Fla.) Defendant was convicted in the United States District S.Ct. Court for the Middle District of Florida, No. 97-53-CR- ORL-18,G. Kendall Sharp, J., of knowingly distributing, selling, and... Distinguished June 07, Case 159. U.S. v. Arena 4 by 1999 6 180 F.3d 380 , 2nd Cir.(N.Y.) S.Ct. Defendants were convicted in the United States District Court for the Northern District of New York of extortion and conspiracy to commit extortion, in violation of the Hobbs Act,...

Treatment Title Date Type Depth Headnote(s) Distinguished June 08, Case 160. U.S. v. Frega 2 by 1999 4 6 179 F.3d 793 , 9th Cir.(Cal.) Following jury trial, defendants, including attorney and S.Ct. state court judges, were convicted in the United States District Court for the Southern District of California, Edward...

Distinguished 161. U.S. v. Gilbert June 21, Case 2 by 1999 4 181 F.3d 152 , 1st Cir.(Mass.) 6 Following jury trial, defendant was convicted in S.Ct. the United States District Court for the District of Massachusetts, Michael A. Ponsor, J., of making a telephone bomb threat to a... Distinguished July 09, 1999 Case 162. Gillespie v. City of Indianapolis 2 by 4 6 185 F.3d 693 , 7th Cir.(Ind.) City police officer convicted of domestic violence S.Ct. offense sued city, seeking injunctive relief to protect his continued employment and challenging constitutionality of provisions...

Distinguished 163. U.S. v. Varela-Cruz Sep. 02, Case 2 by 1999 4 66 F.Supp.2d 274 , D.Puerto Rico 6 Puerto Rican milk producers and farmers were charged S.Ct. with conspiracy to adulterate milk with water and salt. They moved to dismiss. The District Court, Fuste, J., held that: (1)...

Distinguished 164. U.S. v. Mariani Feb. 16, 2000 Case — by 90 F.Supp.2d 574 , M.D.Pa. CRIMINAL JUSTICE - Fraud. Mail fraud indictment adequately alleged deprivation of “property.”

Distinguished 165. U.S. v. Clark Feb. 24, 2000 Case 4 by 123 F.Supp.2d 314 , D.Virgin Islands S.Ct. CRIMINAL JUSTICE - Fraud. District court had jurisdiction of wire fraud charge.

Distinguished 166. U.S. v. Clark Feb. 24, 2000 Case 4 by 88 F.Supp.2d 417 , D.Virgin Islands S.Ct. CRIMINAL JUSTICE - Indictment and Information. Indictment was sufficient to support charge of wire fraud. Distinguished June 06, Case 167. Gibbs v. Babbitt 2 by 2000 4 6 214 F.3d 483 , 4th Cir.(N.C.) ENVIRONMENTAL LAW - Endangered Species. S.Ct. Limiting taking of red wolves on private land valid under Commerce Clause. Distinguished June 16, Case 168. Allied Local and Regional Mfrs. Caucus v. 2 by 2000 4 U.S. E.P.A. 6

215 F.3d 61 , D.C.Cir. S.Ct. ENVIRONMENTAL LAW - Clean Air. EPA regulation limiting content of volatile organic compounds in architectural coatings was valid.

Treatment Title Date Type Depth Headnote(s)

Distinguished 169. U.S. v. Bowens June 29, Case 4 by 2000 5 108 F.Supp.2d 1067 , N.D.Cal. 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting S.Ct. possession of firearm by felon is constitutional.

Distinguished 170. U.S. v. Singletary July 05, 2000 Case 4 by 2000 WL 962993 , E.D.Pa. S.Ct. Curtis Singletary is charged with one count of violating 18 U.S.C. § 922(g)(1) which makes unlawful the knowing possession of a firearm by a convicted felon. Presently before the...

Distinguished 171. U.S. v. Bunnell July 11, 2000 Case 4 by 6 106 F.Supp.2d 60 , D.Me. S.Ct. CRIMINAL JUSTICE - Confessions. Defendant was in custody during interrogation in his apartment and was entitled to Miranda warning. Distinguished July 12, 2000 Case 172. Shields v. Babbitt 2 by 4 6 229 F.Supp.2d 638 , W.D.Tex. ENVIRONMENTAL LAW - Endangered Species. Taking S.Ct. of species located solely within single state could be regulated by Congress. Distinguished Aug. 21, Case 173. U.S. v. Taylor 2 by 2000 4 6 226 F.3d 593 , 7th Cir.(Ind.) CRIMINAL JUSTICE - Carjacking. Federal carjacking S.Ct. statute does not violate Commerce Clause. Distinguished Aug. 23, Case 174. U.S. v. Malone 4 by 2000 S.Ct. 222 F.3d 1286 , 10th Cir.(Okla.) CRIMINAL JUSTICE - Weapons. Robbery and carjacking could each serve as predicate offense for possession of a firearm during a crime of violence.

Distinguished 175. U.S. v. Carnes Sep. 19, Case 4 by 2000 6 113 F.Supp.2d 1145 , E.D.Mich. S.Ct. CRIMINAL JUSTICE - Sentencing. Breaking and entering convictions supported enhanced firearm possession sentence.

Distinguished 176. U.S. v. Furrow Sep. 19, Case 2 by 2000 4 125 F.Supp.2d 1178 , C.D.Cal. 6 CRIMINAL JUSTICE - Civil Rights. Statute criminalizing S.Ct. interference with federal rights through force was constitutional.

Distinguished 177. U.S. v. Han Oct. 31, 2000 Case 2 by 4 230 F.3d 560 , 2nd Cir.(N.Y.) 6 CRIMINAL JUSTICE - Sex Offenses. Statute prohibiting S.Ct. crossing state line for sex with minor does not violate Commerce Clause. Distinguished Nov. 02, Case 178. U.S. v. Jones 4 by 2000 6 231 F.3d 508 , 9th Cir.(Cal.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Entrapment. Jury could reject entrapment as to illegal weapons possession. Distinguished Nov. 21, Case 179. U.S. v. Napier 4 by 2000 5 6 233 F.3d 394 , 6th Cir.(Ky.) CRIMINAL JUSTICE - Weapons. Statute proscribing S.Ct. possession of firearms while subject to domestic violence order does not violate right to bear arms. Distinguished Nov. 24, Case 180. Norton v. Reno 4 by 2000 S.Ct. 2000 WL 1769580 , W.D.Mich. On August 28, 2000, Plaintiffs, Annelore B. Norton (''Norton'') and Lois Greiffendorf (''Greiffendorf''), filed this action against Defendants, Janet Reno, Attorney General of the... Distinguished Dec. 06, Case 181. U.S. v. Angle 2 by 2000 4 6 234 F.3d 326 , 7th Cir.(Ind.) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Evidence that defendant “produced” computer files containing child pornography supported possession conviction.

Distinguished 182. U.S. v. Baer Dec. 19, Case 4 by 2000 5 235 F.3d 561 , 10th Cir.(Colo.) S.Ct. CRIMINAL JUSTICE - Weapons. Use of state felony conviction as predicate crime was not barred. Distinguished Dec. 19, Case 183. U.S. v. Kallestad 2 by 2000 4 6 236 F.3d 225 , 5th Cir.(Tex.) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting possession of child pornography was valid under Commerce Clause. Distinguished Jan. 19, 2001 Case 184. U.S. v. Santiago 4 by 5 6 238 F.3d 213 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Weapons. Congress acted within S.Ct. its Commerce Clause authority in enacting felon-in- possession statute.

Distinguished 185. U.S. v. Dote Feb. 05, 2001 Case 4 by 150 F.Supp.2d 935 , N.D.Ill. S.Ct. CRIMINAL JUSTICE - Double Jeopardy. Indictment charging defendant with operating gambling ring did not violate double jeopardy clause.

Distinguished 186. U.S. v. Brown Mar. 23, 2001 Case 4 by 6 Fed.Appx. 159 , 4th Cir.(Va.) S.Ct. CRIMINAL JUSTICE - Weapons. Multiple convictions for firearm possession based on one incident was plain error. Distinguished Apr. 02, 2001 Case 187. U.S. v. Gallimore 4 by 5 6 247 F.3d 134 , 4th Cir.(N.C.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Weapons. Interstate commerce nexus may be shown by manufacture of firearm outside state where defendant possessed it.

Distinguished 188. Allstate Ins. Co. v. Northfield Medical Center, P.C. Apr. 27, 2001 Case 4 by 2001 WL 34779104 , N.J.Super.L. S.Ct. Allstate Insurance Company, Allstate Indemnity Company and Allstate New Jersey Insurance Company (collectively “Allstate”) filed a declaratory judgment complaint against defendants... Distinguished May 04, 2001 Case 189. U.S. v. Riddle 2 by 4 6 249 F.3d 529 , 6th Cir.(Ohio) CRIMINAL JUSTICE - Jury. Defendants' waiver, S.Ct. through their counsel, of right to be present during jury voir dire was effective.

Distinguished 190. U.S. v. President June 05, Case — by 2001 10 Fed.Appx. 225 , 4th Cir.(Va.) CRIMINAL JUSTICE - Weapons. Statute defining firearm possession crime did not violate Commerce Clause.

Distinguished 191. U.S. v. Diaz Rodriquez June 19, Case 4 by 2001 16 Fed.Appx. 97 , 4th Cir.(Va.) S.Ct. CRIMINAL JUSTICE - Habitual Offenders. Evidence supported armed career criminal sentence for possession of firearm by convicted felon.

Distinguished 192. U.S. v. Torres July 13, 2001 Case 2 by 4 149 F.Supp.2d 199 , E.D.Pa. 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting a S.Ct. felon from possessing a firearm Distinguished July 16, 2001 Case 193. United Property Owners Ass'n of Belmar v. 2 by 4 Borough of Belmar 6

777 A.2d 950 , N.J.Super.A.D. S.Ct. REAL PROPERTY - Discrimination. Ordinance relating to summer rental units violated Fair Housing Act.

Distinguished 194. U.S. v. DeJesus July 19, 2001 Case 2 by 4 150 F.Supp.2d 684 , D.N.J. 6 CRIMINAL JUSTICE - Weapons. Felon-in-possession S.Ct. statute was valid exercise of Congress' power to regulate interstate commerce.

Distinguished 195. U.S. v. Dupree July 25, 2001 Case 2 by 4 258 F.3d 1258 , 11th Cir.(Ga.) 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting S.Ct. felons from possession weapons did not exceed Congress's authority.

Distinguished 196. U.S. v. Love Sep. 05, Case — — by 2001 17 Fed.Appx. 942 , 10th Cir.(Okla.) CRIMINAL JUSTICE - Pleas. Any violation of Rule prohibiting district court participation in plea negotiation was harmless.

Treatment Title Date Type Depth Headnote(s)

Distinguished 197. U.S. v. Spinello Sep. 11, Case 2 by 2001 4 265 F.3d 150 , 3rd Cir.(N.J.) 6 CRIMINAL JUSTICE - Sentencing. Added sentencing S.Ct. guideline which defined “aberrant behavior” was substantive, not clarifying.

Distinguished 198. U.S. v. Smith Sep. 17, Case 4 by 2001 6 18 Fed.Appx. 201 , 4th Cir.(W.Va.) S.Ct. CRIMINAL JUSTICE - Search Incident to Arrest. Despite delay, patdown search was incident to arrest. Distinguished Feb. 27, 2002 Case 199. U.S. v. Cummings 1 by 2 4 281 F.3d 1046 , 9th Cir.(Wash.) CRIMINAL JUSTICE - Kidnapping. International S.Ct. Parental Kidnapping Crime Act was validly enacted within Congress's authority under Commerce Clause. Distinguished Mar. 07, 2002 Case 200. U.S. v. Merlino 4 by S.Ct. 204 F.Supp.2d 83 , D.Mass. CRIMINAL JUSTICE - Weapons. Defendant was entitled to judgment of acquittal on weapons charge. Distinguished Mar. 21, 2002 Case 201. U.S. v. Griffith 2 by 4 5 284 F.3d 338 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Sex Offenses. Use of minor to S.Ct. engage in sex acts in video did not require knowledge of victim's minor status.

Distinguished 202. Heaberlin Farms, Inc. v. IGF Ins. Co. Apr. 03, 2002 Case 2 by 4 641 N.W.2d 816 , Iowa 6 INSURANCE - Crop. Crop insurance policy's arbitration S.Ct. clause was enforceable under federal act, which preempted state statute.

Distinguished 203. U.S. v. Davis May 03, 2002 Case 4 by 288 F.3d 359 , 8th Cir.(Ark.) S.Ct. CRIMINAL JUSTICE - Drugs. Controlled Substances Act was within Congressional power under commerce clause. Distinguished May 31, 2002 Case 204. Basura v. U.S. Home Corp. 1 by 4 6 120 Cal.Rptr.2d 328 , Cal.App. 2 Dist. REAL PROPERTY - Arbitration. An arbitration clause in S.Ct. real estate contracts was enforceable. Distinguished June 20, Case 205. U.S. v. Carter 4 by 2002 6 294 F.3d 978 , 8th Cir.(Mo.) S.Ct. CRIMINAL JUSTICE - Drugs. Penalties provision of the drug trafficking statute was facially constitutional under Apprendi. Distinguished July 30, 2002 Case 206. U.S. v. Williams 2 by 4 6 299 F.3d 250 , 3rd Cir.(Pa.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Arson. Federal arson statute applied to vacant building which was available for rent. Distinguished Aug. 15, Case 207. Freier v. Westinghouse Elec. Corp. 4 by 2002 S.Ct. 303 F.3d 176 , 2nd Cir.(N.Y.) ENVIRONMENTAL LAW - CERCLA. CERCLA's uniform accrual date for state personal injury claims does not violate the Tenth Amendment.

Distinguished 208. U.S. v. Turner Aug. 20, Case 2 by 2002 4 301 F.3d 541 , 7th Cir.(Ill.) 6 CRIMINAL JUSTICE - Embezzlement and Conversion. S.Ct. Congress did not exceed authority in enacting statute prohibiting employees from embezzling from insurance companies. Distinguished Aug. 29, Case 209. U.S. v. Koons 4 by 2002 S.Ct. 300 F.3d 985 , 8th Cir.(Iowa) CRIMINAL JUSTICE - Searches and Seizures. Search warrant was issued and executed in good faith.

Distinguished 210. U.S. v. Tucker Sep. 06, Case 4 by 2002 6 2002 WL 31005915 , N.D.Ill. S.Ct. CRIMINAL JUSTICE - Weapons. Statute proscribing possession of firearm by previously convicted felon was constitutional. Distinguished Nov. 15, Case 211. U.S. v. Bayles 4 by 2002 6 310 F.3d 1302 , 10th Cir.(Utah) S.Ct. CRIMINAL JUSTICE - Sentencing. Ignorance of statute did not support sentence reduction.

Distinguished 212. U.S. v. Whited Nov. 19, Case 2 by 2002 4 311 F.3d 259 , 3rd Cir.(Pa.) 6 CRIMINAL JUSTICE - Embezzlement and Conversion. S.Ct. Statute regulating embezzlement in connection with health care was valid under Commerce Clause. Distinguished Dec. 05, Case 213. U.S. v. Fabian 4 by 2002 5 312 F.3d 550 , 2nd Cir.(N.Y.) S.Ct. CRIMINAL JUSTICE - Jurisdiction. Defendant's belief he was robbing a loan shark and a drug dealer provided federal jurisdiction.

Distinguished 214. U.S. v. Ricketts Jan. 24, 2003 Case 4 by 6 317 F.3d 540 , 6th Cir.(Mich.) S.Ct. CRIMINAL JUSTICE - Homicide. Statute prohibiting murder in connection with drug conspiracy did not violate Commerce Clause.

Distinguished 215. U.S. v. Mississippi Dept. of Public Safety Feb. 05, 2003 Case 5 by 321 F.3d 495 , 5th Cir.(Miss.) S.Ct. CIVIL RIGHTS - Immunity. Eleventh Amendment did not bar the United States' ADA action against state agency.

Treatment Title Date Type Depth Headnote(s) Distinguished Mar. 26, 2003 Case 216. U.S. v. Clausen 4 by 5 6 328 F.3d 708 , 3rd Cir. CRIMINAL JUSTICE - Robbery. Hobbs Act applied to S.Ct. robberies which had only de minimis effect on interstate commerce. Distinguished Mar. 26, 2003 Case 217. U.S. v. Clausen 4 by 5 6 60 Fed.Appx. 402 , 3rd Cir.(Pa.) CRIMINAL JUSTICE - Robbery. Hobbs Act applied to S.Ct. robberies which had only de minimis effect on interstate commerce.

Distinguished 218. U.S. v. Wolvin Mar. 27, 2003 Case 4 by 6 62 Fed.Appx. 667 , 7th Cir.(Wis.) S.Ct. CRIMINAL JUSTICE - Weapons. Statute prohibiting possession of ammunition by felon did not violate Commerce Clause.

Distinguished 219. U.S. v. Bass Apr. 07, 2003 Case 4 by 325 F.3d 847 , 7th Cir.(Ill.) S.Ct. CRIMINAL JUSTICE - Weapons. Application of statute prohibiting felon from possessing firearm did not exceed commerce clause authority.

Distinguished 220. U.S. v. Jackubowski Apr. 30, 2003 Case 4 by 6 63 Fed.Appx. 959 , 7th Cir.(Ill.) S.Ct. CRIMINAL JUSTICE - Weapons. Federal prohibition of felon's possession of firearm does not violate Second Amendment. Distinguished June 23, Other — 221. State v. Wildgrube — by 2003

75 P.3d 862

Distinguished 222. Wolff Motor Co. v. White June 27, Case — by 2003 869 So.2d 1129 , Ala. COMMERCIAL LAW - Arbitration. Sale of car-hauling tow truck involved interstate commerce. Distinguished Sep. 02, Case 223. U.S. v. Drury 2 by 2003 4 5 344 F.3d 1089 , 11th Cir.(Ga.) CRIMINAL JUSTICE - Murder-for-hire. Facility had to S.Ct. be used in interstate commerce for jurisdiction under murder-for-hire statute. Distinguished Sep. 04, Case 224. U.S. v. Shryock 2 by 2003 4 6 342 F.3d 948 , 9th Cir.(Cal.) CRIMINAL JUSTICE - Jury. District court did not abuse S.Ct. its discretion in sua sponte empaneling anonymous jury at RICO trial. Distinguished Sep. 04, Case 225. U.S. v. Holston 2 by 2003 4 6 343 F.3d 83 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting the local production of child

Treatment Title Date Type Depth Headnote(s) pornography was constitutional under the Commerce Clause. Distinguished Sep. 09, Case 226. U.S. v. Gary 4 by 2003 S.Ct. 341 F.3d 829 , 8th Cir.(Mo.) CRIMINAL JUSTICE - Discovery. Failure to disclose police interviews of witness was not Brady violation. Distinguished Sep. 10, Case 227. U.S. v. Adams 2 by 2003 4 6 343 F.3d 1024 , 9th Cir.(Cal.) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting possession of child pornography did not violate Commerce Clause. Distinguished Sep. 22, Case 228. U.S. v. Hausmann 4 by 2003 S.Ct. 345 F.3d 952 , 7th Cir.(Wis.) CRIMINAL JUSTICE - Indictment and Information. Indictment sufficiently alleged elements of mail and wire fraud underlying conspiracy charge.

Distinguished 229. U.S. v. Capozzi Oct. 06, 2003 Case 1 by 4 347 F.3d 327 , 1st Cir.(Mass.) 6 CRIMINAL JUSTICE - Extortion and Threats. Evidence S.Ct. established nexus between conduct and interstate commerce, sustaining Hobbs Act conviction.

Distinguished 230. U.S. v. Shahani-Jahromi Oct. 06, 2003 Case 2 by 4 286 F.Supp.2d 723 , E.D.Va. 5 CRIMINAL JUSTICE - Kidnapping. Application of S.Ct. IPKCA to defendant's retention of child in Iran did not violate due process. Distinguished Dec. 10, Case 231. U.S. v. Laton 2 by 2003 4 6 352 F.3d 286 , 6th Cir.(Tenn.) CRIMINAL JUSTICE - Arson. Burned fire station met S.Ct. interstate commerce element of federal anti-arson statute.

Distinguished 232. U.S. v. Maui County Dec. 29, Case 4 by 2003 298 F.Supp.2d 1010 , D.Hawai'i S.Ct. CIVIL RIGHTS - Religion. Religious Land Use and Institutionalized Persons Act was constitutional.

Distinguished 233. U.S. v. Harris Feb. 12, 2004 Case 4 by 358 F.3d 221 , 2nd Cir.(N.Y.) S.Ct. CRIMINAL JUSTICE - Obscenity and Pornography. Anti-child pornography statute was permissible exercise of Congress' authority under commerce clause.

Distinguished 234. U.S. v. Kitsch Mar. 02, 2004 Case 4 by 6 307 F.Supp.2d 657 , E.D.Pa. S.Ct. CRIMINAL JUSTICE - Weapons. Felon in possession statute did not violate Commerce Clause.

Distinguished 235. U.S. v. Thompson Mar. 17, 2004 Case 4 by 361 F.3d 918 , 6th Cir.(Tenn.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Weapons. Possession of unregistered firearm offense was within Congress's taxation authority. Distinguished May 17, 2004 Case 236. Sabri v. U.S. 4 by 6 124 S.Ct. 1941 , U.S. S.Ct. CRIMINAL JUSTICE - Bribery. Statute prohibiting bribery involving federal funds did not require nexus between criminal activity and federal funds. Distinguished June 09, Case 237. U.S. v. Morales-de Jesus 2 by 2004 4 6 372 F.3d 6 , 1st Cir.(Puerto Rico) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Federal child pornography statute criminalizing visual depictions could be applied absent intent to market.

Distinguished 238. Blevins v. Hudson & Keyse, Inc. Sep. 29, Case 4 by 2004 395 F.Supp.2d 655 , S.D.Ohio S.Ct. COMMERCIAL LAW - Debt Collection. FDCPA did not violate the Tenth Amendment or the Commerce Clause as applied. Distinguished Jan. 10, 2005 Case 239. U.S. v. Ballinger 2 by 4 6 395 F.3d 1218 , 11th Cir.(Ga.) CRIMINAL JUSTICE - Hate Crimes. Interstate church S.Ct. arson spree met “in commerce” requirement of federal religious property damage law. Distinguished Jan. 12, 2005 Case 240. U.S. v. Mugan 2 by 4 6 394 F.3d 1016 , 8th Cir.(Iowa) CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting child pornography was not unconstitutional as applied to defendant. Distinguished Mar. 01, 2005 Case 241. U.S. v. Younger 4 by S.Ct. 398 F.3d 1179 , 9th Cir.(Cal.) CRIMINAL JUSTICE - Arrest. Defendant's conduct of making spontaneous statement to police constituted implied waiver of Miranda rights. Distinguished Mar. 24, 2005 Case 242. U.S. v. Spano 4 by S.Ct. 401 F.3d 837 , 7th Cir.(Ill.) CRIMINAL JUSTICE - Bribery. Statute prohibiting bribery intended to influence an organization that received federal funds was not unconstitutional.

Distinguished 243. U.S. v. Shivers Apr. 19, 2005 Case 4 by 6 390 F.Supp.2d 1067 , N.D.Fla. S.Ct. CRIMINAL JUSTICE - Weapons. Firearms possession statute does not violate the Commerce Clause. Distinguished Apr. 21, 2005 Case 244. U.S. v. Verbitskaya 2 by 4 6 406 F.3d 1324 , 11th Cir.(Fla.) S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Sentencing. Six-level enhancement for use of a firearm was warranted for extortion defendant.

Distinguished 245. U.S. v. Slone June 03, Case 4 by 2005 S.Ct. 411 F.3d 643 , 6th Cir.(Ky.) CRIMINAL JUSTICE - Elections. Crime of vote buying in federal election did not require that misconduct relate specifically to candidate for federal office. Distinguished June 13, Case 246. U.S. v. Sawyers 4 by 2005 S.Ct. 409 F.3d 732 , 6th Cir.(Tenn.) CRIMINAL JUSTICE - Sentencing. Conviction of “retaliation for past action” was a “violent felony” for purposes of Armed Career Criminal Act. Distinguished Aug. 15, Case 247. U.S. v. Logan 4 by 2005 S.Ct. 419 F.3d 172 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Evidence. Admission of alibi statements of co-conspirators through third-party testimony did not violate confrontation right.

Distinguished 248. U.S. v. Halter Nov. 29, Case 4 by 2005 6 402 F.Supp.2d 856 , S.D.Ohio S.Ct. CRIMINAL JUSTICE - Commerce Clause. The statute criminalizing knowing possession of child pornography was constitutional as applied to the defendant.

Distinguished 249. U.S. v. Cardenas Dec. 01, Case — by 2005 158 Fed.Appx. 780 , 9th Cir.(Cal.) CRIMINAL JUSTICE - Drugs. Power of Congress to outlaw interstate trafficking of illegal substances covered intrastate trafficking of pseudoephedrine. Distinguished Mar. 03, 2006 Case 250. U.S. v. Giordano 2 by 4 6 442 F.3d 30 , 2nd Cir.(Conn.) CRIMINAL JUSTICE - Sex Offenses. Use of phone S.Ct. met jurisdictional element of law barring transmission of minors' names by interstate commerce for illegal purpose.

Distinguished 251. U.S. v. Croxford Mar. 07, 2006 Case 2 by 4 170 Fed.Appx. 31 , 10th Cir.(Utah) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute criminalizing intrastate production of child pornography was constitutional. Distinguished Mar. 28, 2006 Case 252. U.S. v. Mugan 2 by 4 6 441 F.3d 622 , 8th Cir.(Iowa) CRIMINAL JUSTICE - Sex Offenses. Imposition of 240- S.Ct. month sentence for defendant's offense of using minor to produce child pornography was reasonable.

Distinguished 253. United States v. Jacquay Quinn Ford Apr. 05, 2006 Case 1 by 2 2006 WL 8426827 , C.D.Cal. 6 Defendant Juan Rico Doss joined by Defendant S.Ct. Jacquay Ford move to dismiss counts two, three,

Treatment Title Date Type Depth Headnote(s) and four of the First Superceding Indictment charging Defendants with violating 18...

Distinguished 254. U.S. v. Foster Apr. 11, 2006 Case 4 by 6 443 F.3d 978 , 8th Cir.(Ark.) S.Ct. CRIMINAL JUSTICE - Extortion and Threats. Evidence established that defendant's attempted extortion had impact on interstate commerce, as required by Hobbs Act.

Distinguished 255. U.S. v. Maxwell Apr. 20, 2006 Case 2 by 4 446 F.3d 1210 , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE - Sex Offenses. Criminalizing S.Ct. of intrastate possession of child pornography did not violate Commerce Clause.

Distinguished 256. U.S. v. Baker May 31, 2006 Case 4 by 2006 WL 1537388 , D.Kan. S.Ct. This matter comes before the court on the defendant's Motions to Dismiss (Dkt. Nos. 18, 19, and 20). In his first motion to dismiss, defendant argues through counsel that the...

Distinguished 257. U.S. v. Dix June 20, Case 4 by 2006 6 185 Fed.Appx. 846 , 11th Cir.(Ga.) S.Ct. CRIMINAL JUSTICE - Weapons. Evidence in felon- in-possession prosecution was sufficient to show defendant possessed gun.

Distinguished 258. United States v. Alderman June 27, Case 1 by 2006 4 2006 WL 8441755 , W.D.Wash. S.Ct. This matter has come before the Court on Defendant Alderman's (1) motion to dismiss the indictment (Dkt. No. 21); (2) motion for leave to file an overlength brief (Dkt. No. 22);... Distinguished June 30, Case 259. U.S. v. Stewart 2 by 2006 4 6 451 F.3d 1071 , 9th Cir.(Ariz.) CRIMINAL JUSTICE - Weapons. Statute criminalizing S.Ct. possession of homemade machineguns did not violate Commerce Clause.

Distinguished 260. Minnesota ex rel. Hatch v. Hoeven Aug. 03, Case 4 by 2006 6 456 F.3d 826 , 8th Cir.(N.D.) S.Ct. GOVERNMENT - States. Dormant Commerce Clause claim challenging hunting laws that favored in-state residents was rendered moot by federal law.

Distinguished 261. U.S. v. Davila Aug. 30, Case 4 by 2006 6 461 F.3d 298 , 2nd Cir.(Conn.) S.Ct. CRIMINAL JUSTICE - Extortion and Threats. Defendant's conduct of delivering a substance through the mail that appeared to be anthrax powder fell was a “threat.”

Distinguished 262. Harrison v. U.S. ex rel. Dept. of Treasury Nov. 09, Case 2 by 2006 4 2006 WL 3257401 , E.D.Okla. 6 S.Ct.

Treatment Title Date Type Depth Headnote(s) The Plaintiff Vernon J. Harrison brought this action pursuant to the Gun Control Act of 1968, 18 U.S.C. § 921- § 928 (the ''Act''), seeking de novo review of the revocation of his...

Distinguished 263. United States v. Densberger Dec. 15, Case 1 by 2006 2 2006 WL 8447733 , M.D.Pa. 4 On September 1, 2006, the government filed a one- S.Ct. count information charging Mark Densberger with sexual exploitation of his three sons, in violation of 18 U.S.C. § 2251(b).... Distinguished Feb. 08, 2007 Case 264. Alabama-Tombigbee Rivers Coalition v. 2 by 4 Kempthorne 6

477 F.3d 1250 , 11th Cir.(Ala.) S.Ct. ENVIRONMENTAL LAW - Endangered Species. Alabama sturgeon was properly listed as endangered species.

Distinguished 265. Morgan v. U.S. Dept. of Justice, Bureau of Feb. 09, 2007 Case 4 by Alcohol, Tobacco, Firearms & Explosives S.Ct. 473 F.Supp.2d 756 , E.D.Mich. GOVERNMENT - Licensing. BATF was within statutory authority in soliciting views of local officials regarding the lawfulness of firearms dealership.

Distinguished 266. National Foreign Trade Council, Inc. v. Feb. 23, 2007 Case — by Giannoulias

523 F.Supp.2d 731 , N.D.Ill. GOVERNMENT - States. Statute barring public pension funds in Sudan-connected entities from investing in Sudan-connected entities was unconstitutional. Distinguished Feb. 26, 2007 Case 267. Daker v. Ferrero 2 by 4 6 475 F.Supp.2d 1325 , N.D.Ga. CIVIL RIGHTS - Prisons. RLUIPA did not authorize suit S.Ct. against prison officials in their individual capacities. Distinguished Mar. 19, 2007 Case 268. U.S. v. Latu 2 by 4 6 479 F.3d 1153 , 9th Cir.(Hawai'i) CRIMINAL JUSTICE - Immigration. Defendant was S.Ct. “illegally or unlawfully in the United States,” for purpose of firearms statute. Distinguished Mar. 22, 2007 Case 269. Shepard v. Edward Mackay Enterprises, Inc. 2 by 4 6 56 Cal.Rptr.3d 326 , Cal.App. 3 Dist. REAL PROPERTY - Arbitration. FAA preempted S.Ct. statute permitting real property purchaser to pursue construction defect action despite arbitration clause. Distinguished May 12, 2007 Case 270. U.S. v. Hinen 2 by 4 6 487 F.Supp.2d 747 , W.D.Va. CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act did not violate the Ex Post Facto Clause.

Distinguished 271. U.S. v. Lighteard June 25, Case — by 2007

Treatment Title Date Type Depth Headnote(s) 237 Fed.Appx. 928 , 5th Cir.(Tex.) CRIMINAL JUSTICE - Pleas. Felon-in-possession defendant waived any objection to alleged inadequacy of factual basis supporting his guilty plea.

Distinguished 272. U.S. v. Rutherford June 26, Case 4 by 2007 6 236 Fed.Appx. 835 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE - Robbery. Evidence of interstate commerce nexus was sufficient to support convictions of Hobbs Act robbery. Distinguished July 02, 2007 Case 273. U.S. v. Nascimento 2 by 4 6 491 F.3d 25 , 1st Cir.(Mass.) CRIMINAL JUSTICE - Racketeering. Evidence was S.Ct. sufficient to support finding that gang constituted an “enterprise,” under RICO.

Distinguished 274. U.S. v. Gonzales Aug. 09, Case 4 by 2007 2007 WL 2298004 , N.D.Fla. S.Ct. Before me is Defendant's Amended Motion to Dismiss Indictment (Doc. 20) to which the government has responded (Doc. 26.) Defendant John Gonzales was convicted of Forcible Sodomy,...

Distinguished 275. Howard v. U.S. Sep. 05, Case 4 by 2007 2007 WL 2572243 , E.D.Tex. S.Ct. The Movant Lorenzo Howard, proceeding pro se, filed this motion to vacate or correct his sentence under 28 U.S.C. § 2255, complaining of the legality of his conviction. This Court... Distinguished Sep. 07, Case 276. U.S. v. Comstock 4 by 2007 S.Ct. 507 F.Supp.2d 522 , E.D.N.C. CRIMINAL JUSTICE - Sex Offenders. Statute permitting civil commitment of sexually dangerous persons was unconstitutional.

Distinguished 277. U.S. v. Palfrey Sep. 18, Case 6 by 2007 515 F.Supp.2d 120 , D.D.C. S.Ct. CRIMINAL JUSTICE - Indictment and Information. Dismissal of indictment under Tenth Amendment was not warranted. Distinguished Sep. 24, Case 278. American Booksellers Foundation for Free 4 by 2007 Expression v. Strickland S.Ct.

512 F.Supp.2d 1082 , S.D.Ohio CIVIL RIGHTS - Free Speech. Ohio statute prohibiting dissemination over the internet of material harmful to juveniles violates First Amendment.

Distinguished 279. U.S. v. Anderson Dec. 11, Case 4 by 2007 249 Fed.Appx. 982 , 4th Cir.(S.C.) S.Ct. CRIMINAL JUSTICE - Weapons. Federal weapons statute established minimal nexus with interstate commerce as to implicate federal law. Distinguished Dec. 13, Case 280. U.S. v. Gould 4 by 2007 6

Treatment Title Date Type Depth Headnote(s) 526 F.Supp.2d 538 , D.Md. S.Ct. CRIMINAL JUSTICE - Sex Offenders. Sex Offender Registration and Notification Act's retroactive effect provision was not unconstitutional.

Distinguished 281. U.S. v. Haskins Dec. 26, Case 4 by 2007 6 511 F.3d 688 , 7th Cir.(Ind.) S.Ct. CRIMINAL JUSTICE - Indictment and Information. Government was not required to prove defendant knew gun buyer had been convicted of particular felony listed in indictment.

Distinguished 282. Halligan v. Town of Wallingford Apr. 22, 2008 Case 4 by S.Ct. 2008 WL 1948020 , Conn.Super. Background: Driver of vehicle involved in accident with undercover officer brought negligence action against police officer, town, and rental car company which leased vehicle to... Distinguished Apr. 30, 2008 Case 283. City of New York v. Beretta U.S.A. Corp. 2 by 4 6 524 F.3d 384 , 2nd Cir.(N.Y.) COMMERCIAL LAW - Industry Regulation. Protection S.Ct. of Lawful Commerce in Arms Act (PLCAA) did not violate the Commerce Clause. Distinguished May 08, 2008 Case 284. U.S. v. Ditomasso 1 by 2 4 552 F.Supp.2d 233 , D.R.I. CRIMINAL JUSTICE - Sex Offenders. SORNA S.Ct. regulation of sex offenders traveling in interstate commerce was valid exercise of power under Commerce Clause. Distinguished June 05, Case 285. United States v. Clements 1 by 2008 4 6 2008 WL 11350009 , D.Ariz. On March 12, 2008, Defendant was indicted for failure S.Ct. to register as a convicted sex offender in violation of 42 U.S.C. §§ 16911 and 16913, and 18 U.S.C. 2250(a). (Doc 5)....

Distinguished 286. U.S. v. Densberger June 30, Case 4 by 2008 285 Fed.Appx. 926 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE - Obscenity and Pornography. Statute penalizing parent's knowing permission of child's participation in creation of pornography did not violate Commerce Clause. Distinguished July 31, 2008 Case 287. U.S. v. May 2 by 4 6 535 F.3d 912 , 8th Cir.(Iowa) CRIMINAL JUSTICE - Sex Offenders. Application S.Ct. of Sex Offender Registration and Notification Act to defendant did not violate ex post facto clause.

Distinguished 288. U.S. v. Hodge Aug. 14, Case 4 by 2008 6 2008 WL 3843824 , D.Ariz. S.Ct. The court has before it defendant's motion to dismiss the indictment (doc. 32), the United States' response

Treatment Title Date Type Depth Headnote(s) (doc. 76), and defendant's reply (doc. 105). The United States also... Distinguished Aug. 19, Case 289. Garcia v. Vanguard Car Rental USA, Inc. 2 by 2008 4 6 540 F.3d 1242 , 11th Cir.(Fla.) TRANSPORTATION - Motor Vehicles. Graves S.Ct. Amendment preempted Florida statute assigning vicarious liability to automobile lessors.

Distinguished 290. U.S. v. Vasquez Sep. 19, Case 4 by 2008 576 F.Supp.2d 928 , N.D.Ill. S.Ct. CRIMINAL JUSTICE - Sex Offenses. Released sex offender had notice of Sex Offender Registration Notification Act's (SORNA) registration requirements.

Distinguished 291. U.S. v. Stevens Sep. 19, Case 1 by 2008 4 578 F.Supp.2d 172 , D.Me. 6 CRIMINAL JUSTICE - Sex Offenders. SORNA did not S.Ct. violate the Ex Post Facto Clause as applied to a sex offender whose conviction predated its enactment. Distinguished Sep. 23, Case 292. U.S. v. Hall 2 by 2008 4 6 577 F.Supp.2d 610 , N.D.N.Y. CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act registration provision violated the Commerce Clause.

Distinguished 293. Stampolis v. Provident Auto Leasing Co. Nov. 10, Case 2 by 2008 4 586 F.Supp.2d 88 , E.D.N.Y. 5 TRANSPORTATION - Motor Vehicles. Graves S.Ct. Amendment was within Commerce Clause power, preempted state statute permitting vicarious liability for vehicle owner. Distinguished Dec. 08, Case 294. U.S. v. Lawrance 2 by 2008 4 548 F.3d 1329 , 10th Cir.(Okla.) S.Ct. CRIMINAL JUSTICE - Sex Offenders. Sex offender registration law's failure to register provisions did not violate the Commerce Clause. Distinguished Dec. 09, Case 295. U.S. v. Hinckley 4 by 2008 6 550 F.3d 926 , 10th Cir.(Okla.) S.Ct. CRIMINAL JUSTICE - Sex Offenders. Sex Offender Registration and Notification Act immediately applied to sex offender already registered under state law.

Distinguished 296. Altus Assisted Living, L.L.C. v. Plantation Village Jan. 09, 2009 Case — by Assisted Living, L.L.C.

2009 WL 82475 , W.D.Okla. LABOR AND EMPLOYMENT - Jurisdiction. The court lacked jurisdiction for an action which alleged non- specific claims under the Fair Labor Standards Act (FLSA).

Distinguished 297. U.S. v. Bell Feb. 05, 2009 Case 2 by 4 608 F.Supp.2d 1257 , D.Kan. 6

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE - Carjacking. Carjacking S.Ct. statute did not exceed Congress' authority under the Commerce Clause.

Distinguished 298. U.S. v. Paige Feb. 19, 2009 Case 2 by 4 598 F.Supp.2d 1307 , M.D.Fla. 6 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. proscribing knowing permission of child's participation in creation of pornography did not violate Commerce Clause.

Distinguished 299. U.S. v. Dean Mar. 06, 2009 Case 4 by S.Ct. 606 F.Supp.2d 1340 , M.D.Ala. CRIMINAL JUSTICE - Sex Offenders. Criminal provision of Sex Offender Registration and Notification Act did not violate Commerce Clause.

Distinguished 300. U.S. v. Morris Mar. 18, 2009 Case 1 by 4 2009 WL 753989 , D.Nev. 6 Currently before the Court is Defendant's Motion to S.Ct. Dismiss Indictment (# 18), filed November 24, 2008. The Government filed a Response (# 20), on December 5, 2008, to which...

Distinguished 301. U.S. v. King Apr. 06, 2009 Case 2 by 4 2009 WL 940600 , D.Idaho S.Ct. ENVIRONMENTAL LAW - Clean Water. State's underground injection control program, federally approved under Safe Drinking Water Act (SDWA), was valid exercise of Congress's Commerce...

Distinguished 302. United States v. Schilb Apr. 29, 2009 Case 1 by 5 2009 WL 10704908 , W.D.Tex. 6 The issue before the Court is whether the Sex Offender S.Ct. Registration and Notification Act (SORNA), 18 U.S.C. § 2250, is an unconstitutional exercise of Congress's power to regulate... Distinguished May 18, 2009 Case 303. U.S. v. Hernandez 2 by 4 6 615 F.Supp.2d 601 , E.D.Mich. CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act did not violate the Commerce Clause.

Distinguished 304. U.S. v. Burkey June 08, Case 1 by 2009 4 2009 WL 1616564 , D.Nev. 6 CRIMINAL JUSTICE - Sex Offenders. Prosecuting sex S.Ct. offender for failure to comply with federal registration requirements did not violate due process because knowledge of state...

Distinguished 305. U.S. v. Schmidt July 02, 2009 Case 4 by S.Ct. 571 F.3d 743 , 8th Cir.(Iowa) CRIMINAL JUSTICE - Weapons. Possession of shotgun manufactured in Belgium was sufficient to satisfy required nexus to interstate commerce.

Distinguished 306. U.S. v. Vargas July 21, 2009 Case — by

Treatment Title Date Type Depth Headnote(s) 338 Fed.Appx. 67 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Robbery. Jury had sufficient evidence to conclude that defendant's planned robbery satisfied the Hobbs Act's jurisdictional element.

Distinguished 307. U.S. v. Keller Aug. 11, Case 2 by 2009 4 2009 WL 2475454 , E.D.Mich. 6 On March 10, 2009, Steven Keller was indicted for S.Ct. Sexual Exploitation of a Minor, in violation of 18 U.S.C. § 2251(a), (e). The Indictment says: On or about January, 2009, within...

Distinguished 308. In re Delta Smelt Consolidated Cases Oct. 08, 2009 Case 2 by 4 663 F.Supp.2d 922 , E.D.Cal. 5 ENVIRONMENTAL LAW - Endangered Species. S.Ct. Application of ESA to require agencies to evaluate effects of project on intrastate species did not violate Commerce Clause.

Distinguished 309. U.S. v. Kernell Nov. 20, Case 4 by 2009 2009 WL 6337985 , E.D.Tenn. S.Ct. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the...

Distinguished 310. U.S. v. Jones Nov. 24, Case 4 by 2009 673 F.Supp.2d 1347 , N.D.Ga. S.Ct. CRIMINAL JUSTICE - Weapons. Felon-in-possession statute did not violate Second Amendment as applied to defendant with “remote” felony convictions. Distinguished Jan. 07, 2010 Case 311. U.S. v. Guzman 2 by 4 6 591 F.3d 83 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act's (SORNA's) registration requirement did not violate the Commerce Clause.

Distinguished 312. U.S. v. Wyatt Feb. 02, 2010 Case 4 by 2010 WL 378520 , E.D.Va. S.Ct. CRIMINAL JUSTICE - Sex Offenders. Sex Offender Registration and Notification Act was a valid exercise of congressional power under the Commerce Clause. Distinguished Feb. 09, 2010 Case 313. U.S. v. Shenandoah 4 by 6 595 F.3d 151 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE - Sex Offenders. Prosecution for violation of SORNA did not violate defendant's due process rights.

Distinguished 314. U.S. v. Neth Mar. 30, 2010 Case 2 by 4 2010 WL 1257699 , M.D.Fla. 6 This case comes before the Court on the following: S.Ct. 1. Motion and Memorandum to Dismiss for Lack of Federal Jurisdiction by Clara Ellen Hansen (Doc. No. 95, filed Feb. 24, 2010);...

Treatment Title Date Type Depth Headnote(s) Distinguished May 17, 2010 Case 315. U.S. v. Comstock 4 by 5 130 S.Ct. 1949 , U.S. S.Ct. CRIMINAL JUSTICE - Sex Offenders. Necessary and Proper Clause allows civil commitment of sexually dangerous person who would otherwise be released from prison.

Distinguished 316. U.S. v. Torres June 21, Case 4 by 2010 5 2010 WL 3190659 , D.Ariz. S.Ct. Pending before the Court are thirteen Motions filed by Defendant Alex Ibarra Torres (“Torres”): 1. Motion in Limine filed on March 11, 2010 (Doc. No. 58); 2. Motion for...

Distinguished 317. U.S. v. Tejada-Landaverde Aug. 19, Case 5 by 2010 2010 WL 3294328 , N.D.Ga. S.Ct. This matter is before the Court on Magistrate Judge C. Christopher Hagy's Report and Recommendation (''R & R'') [97] on Defendant Francisco Tejada– Landaverde's...

Distinguished 318. U.S. v. Miller Sep. 17, Case 4 by 2010 2010 WL 3719271 , S.D.Ohio S.Ct. CRIMINAL JUSTICE - Sex Offenders. A defendant's due process rights were not violated by his indictment for failure to register as a sex offender.

Distinguished 319. U.S. v. Casile Sep. 30, Case 4 by 2010 2010 WL 3835006 , E.D.Pa. S.Ct. The Defendant has filed a Motion to Dismiss the Indictment (Doc. No. 17), which charges a single count of interstate travel with the intent to harass and intimidate. Specifically,...

Distinguished 320. U.S. v. Strong Oct. 01, 2010 Case 4 by 2010 WL 3910575 , S.D.Ohio S.Ct. Defendant Stanley B. Strong was indicted for failure to register as a sex offender in violation of the Sex Offender Registration and Notification Act (''SORNA''), 18 U.S.C. §... Distinguished Nov. 30, Case 321. Garcia-Contreras v. Brock & Scott, PLLC 2 by 2010 4 6 2010 WL 4962940 , M.D.N.C. This matter comes before the Court on: (A) the motion S.Ct. to dismiss (Docket Entry 4) filed by Brock & Scott, PLLC (“Brock & Scott”) and Bullhead Investments, LLC (“Bullhead,” or... Distinguished Nov. 30, Case 322. Liberty University, Inc. v. Geithner 2 by 2010 4 6 753 F.Supp.2d 611 , W.D.Va. HEALTH - Obamacare. Congress acted within scope S.Ct. of its powers under Commerce Clause when it enacted Patient Protection and Affordable Care Act.

Distinguished 323. Atchley v. U.S. Apr. 21, 2011 Case 2 by 4 2011 WL 1532074 , E.D.Tenn. S.Ct.

Treatment Title Date Type Depth Headnote(s) Hal M. Atchley (''Atchley''), has filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Criminal Court File No. 152). Atchley contends he was... Distinguished June 29, Case 324. Thomas More Law Center v. Obama 1 by 2011 2 6 651 F.3d 529 , 6th Cir.(Mich.) INSURANCE - Health. Minimum coverage provision of S.Ct. Patient Protection and Affordable Care Act was facially constitutional under Commerce Clause.

Distinguished 325. U.S. v. Kidd July 05, 2011 Case 1 by 2 2011 WL 3352464 , E.D.Tenn. 6 All pretrial motions in this case have been referred to S.Ct. the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the...

Distinguished 326. U.S. v. Carr July 25, 2011 Case 1 by 2 652 F.3d 811 , 7th Cir.(Wis.) S.Ct. CRIMINAL JUSTICE - Robbery. De minimis effect on commerce was sufficient to invoke Congress's Commerce Clause power in support of a robbery prohibition.

Distinguished 327. U.S. v. Beebe Aug. 04, Case 1 by 2011 807 F.Supp.2d 1045 , D.N.M. S.Ct. CRIMINAL JUSTICE - Hate Crimes. Statute criminalizing causing bodily injury because of victim's actual or perceived race was valid under Thirteenth Amendment.

Distinguished 328. U.S. v. D'Andrea Aug. 31, Case 5 by 2011 440 Fed.Appx. 273 , 5th Cir.(Miss.) S.Ct. CRIMINAL JUSTICE - Jurisdiction. Fact that defendant's communications with purported minor were within state did not defeat federal jurisdiction. Distinguished Sep. 07, Case 329. U.S. v. Pendleton 1 by 2011 2 5 658 F.3d 299 , 3rd Cir.(Del.) CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. criminalizing sexual contact with minor in foreign place was valid under Foreign Commerce Clause.

Distinguished 330. U.S. v. King Oct. 03, 2011 Case 1 by 4 660 F.3d 1071 , 9th Cir.(Idaho) 6 ENERGY AND UTILITIES - Water and Sewer. Criminal S.Ct. provision of Safe Water Drinking Act (SWDA) did not exceed Congress' authority under the Commerce Clause.

Distinguished 331. U.S. v. Hauck Oct. 26, 2011 Case 1 by 4 2011 WL 5117614 , M.D.Pa. S.Ct. On April 14, 2011, a grand jury returned a four count indictment against Defendant charging him with: (1) Possession of a firearm by a convicted felon, in violation of 18 U.S.C. §...

Treatment Title Date Type Depth Headnote(s)

Distinguished 332. Hermosillo v. United States Dec. 05, Case 1 by 2011 4 2011 WL 13314982 , D.Wyo. S.Ct. The “Memorandum of Law in Support of Petition for Writ of Habeas Corpus Pursuant to Title 18 U.S.C.S. 3742” has come before the Court for consideration. In her petition, Ms....

Distinguished 333. Jones v. U.S. Jan. 03, 2012 Case 1 by 2012 WL 11117 , W.D.Mo. S.Ct. Before the Court is Robert Lee Jones' pro se motion to vacate, set aside or correct his sentence [Doc. # 1], pursuant to 28 U.S.C. § 2255. Upon consideration of Jones' motion, the...

Distinguished 334. U.S. v. Sarraj Jan. 06, 2012 Case 4 by S.Ct. 665 F.3d 916 , 7th Cir.(Ill.) CRIMINAL JUSTICE - Weapons. Agents' use of guns with interstate commerce history in reverse-sting met interstate commerce requirement for weapons offense.

Distinguished 335. U.S. v. Colon-Quiles May 04, 2012 Case 1 by 2 859 F.Supp.2d 229 , D.Puerto Rico 5 CRIMINAL JUSTICE - Weapons. Statute criminalizing S.Ct. possession of a firearm with an obliterated serial number did not violate Second Amendment. Distinguished May 31, 2012 Case 336. U.S. v. Mullet 1 by 4 868 F.Supp.2d 618 , N.D.Ohio S.Ct. CIVIL RIGHTS - Religion. Hate Crimes Prevention Act applied to intra-religious acts of violence.

Distinguished 337. U.S. v. Kline Sep. 12, Case 4 by 2012 494 Fed.Appx. 323 , 4th Cir.(Va.) S.Ct. CRIMINAL JUSTICE - Weapons. Defendant did not fall within category of law-abiding responsible citizens protected by Second Amendment.

Distinguished 338. U.S. v. Spann Sep. 24, Case 1 by 2012 6 2012 WL 4341799 , N.D.Tex. S.Ct. Before the court is Defendant's Motion to Dismiss the Indictment, filed August 17, 2012. After careful review of the motion, response, record, and applicable law, the court denies...

Distinguished 339. U.S. v. Gassew Mar. 12, 2013 Case 1 by 519 Fed.Appx. 764 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE - Robbery. Evidence was sufficient to satisfy interstate commerce nexus under the Hobbs Act.

Distinguished 340. U.S. v. Cruz July 23, 2013 Case 1 by 5 2013 WL 3833033 , E.D.Cal. 6 This matter is before the court on defendant's motion S.Ct. to dismiss his criminal indictment for enticement of a minor. (ECF 19.) On June 12, 2013, the court held a hearing at which...

Treatment Title Date Type Depth Headnote(s) Distinguished July 26, 2013 Case 341. Voggenthaler v. Maryland Square LLC 1 by 2 4 724 F.3d 1050 , 9th Cir.(Nev.) ENVIRONMENTAL LAW - CERCLA. Shopping S.Ct. center owner did not fall under bona fide prospective purchaser exception to CERCLA liability. Distinguished Oct. 10, 2013 Case 342. U.S. v. Westmoreland — by

542 Fed.Appx. 221 , 4th Cir.(N.C.) CRIMINAL JUSTICE - Confessions. Defendant was not in custody when he made statements to law enforcement.

Distinguished 343. U.S. v. Rector Nov. 01, Case 4 by 2013 2013 WL 5929961 , W.D.Ark. S.Ct. Now on this 1st day of November, 2013, come on for consideration the following: * defendant's Amended Motion Under 28 U.S.C. § 2255 (document # 75); * the Magistrate Judge's Report...

Distinguished 344. U.S. v. Gardner Jan. 06, 2014 Case 1 by 2 993 F.Supp.2d 1294 , D.Or. 4 CRIMINAL JUSTICE - Misleading Officers. Statute S.Ct. criminalizing engaging in misleading conduct toward another person included attempting to mislead police officers. Distinguished Jan. 27, 2014 Case 345. Montgomery County, Md. v. Federal Nat. 1 by 2 Mortg. Ass'n 4

740 F.3d 914 , 4th Cir.(Md.) S.Ct. FINANCE AND BANKING - Mortgages and Deeds of Trust. Fannie Mae's and Freddie Mac's exemptions from state taxes did not exceed Congress's power under Commerce Clause.

Distinguished 346. U.S. v. Moody Feb. 03, 2014 Case 1 by 4 555 Fed.Appx. 867 , 11th Cir.(Fla.) S.Ct. CRIMINAL JUSTICE - Weapons. Statute prohibiting being a felon in possession of a firearm was not unconstitutional. Distinguished Mar. 18, 2014 Case 347. Delaware County, Pa. v. Federal Housing 1 by 2 Finance Agency 4

747 F.3d 215 , 3rd Cir.(Pa.) S.Ct. TAXATION - Real Property. Statutory exemptions from “all taxation” for Fannie Mae, Freddie Mac, and FHFA, applied to state and local transfer taxes. Distinguished Apr. 23, 2014 Case 348. U.S. v. Umana 1 by 4 6 750 F.3d 320 , 4th Cir.(N.C.) CRIMINAL JUSTICE - Confrontation. Confrontation S.Ct. Clause did not apply to hearsay at capital sentencing.

Distinguished 349. U.S. v. Simpson May 02, 2014 Case — by 2014 WL 1775579 , E.D.N.C.

Treatment Title Date Type Depth Headnote(s) This cause comes before the Court on defendant's motions to dismiss his indictment and for hearing pursuant to Franks v. Delaware. The government has responded and the matters are...

Distinguished 350. U.S. v. Graves June 09, Case 1 by 2014 5 2014 WL 2589428 , N.D.Ga. 6 This matter is before the Court on Tony Graves's S.Ct. (''Graves'') and Donald Gresham's (''Gresham'') Objections [141, 142] to Magistrate Judge Justin S. Anand's April 4, 2014, Report...

Distinguished 351. U.S. v. Castillo June 18, Case 1 by 2014 2 2014 WL 2766540 , N.D.Tex. 4 Defendant has filed with this Court a motion to dismiss. S.Ct. On June 11, 2014, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein... Distinguished Sep. 16, Case 352. U.S. v. Kirk 1 by 2014 4 6 767 F.3d 1136 , 11th Cir.(Fla.) CRIMINAL JUSTICE - Habitual Offenders. Florida S.Ct. burglaries were violent felonies under ACCA regardless of whether they were based on entering or remaining in dwellings. Distinguished Sep. 18, Case 353. U.S. v. Garcia 1 by 2014 2 768 F.3d 822 , 9th Cir.(Cal.) S.Ct. CRIMINAL JUSTICE - Arson. Use of explosive device damaged apartment building that was used in interstate commerce.

Distinguished 354. U.S. v. Broomfield Dec. 03, Case 1 by 2014 591 Fed.Appx. 847 , 11th Cir.(Fla.) S.Ct. CRIMINAL JUSTICE - Evidence. Government authenticated video clip before it was admitted into evidence during felon in possession of firearm prosecution.

Distinguished 355. U.S. v. Hosford Jan. 05, 2015 Case 1 by 2 82 F.Supp.3d 660 , D.Md. 4 CRIMINAL JUSTICE - Weapons. Reasonable fit existed S.Ct. between criminal statutes that prohibited dealing in unlicensed firearms and an important government objective.

Distinguished 356. Truesdell v. Thomas Jan. 30, 2015 Case 1 by 6 2015 WL 413103 , M.D.Fla. S.Ct. Plaintiff Kellean K. Truesdell has filed a putative class action Complaint against the Defendants alleging violations of the Driver's Privacy Protection Act of 1994, 18 U.S.C. §§...

Distinguished 357. U.S. v. Ahmed Mar. 24, 2015 Case 1 by 4 94 F.Supp.3d 394 , E.D.N.Y. 6 CRIMINAL JUSTICE - Indictment and Information. Due S.Ct. process rights of three aliens were not violated by their

Treatment Title Date Type Depth Headnote(s) prosecution for materially assisting foreign terrorist group.

Distinguished 358. U.S. v. Kilmartin Mar. 25, 2015 Case 4 by 99 F.Supp.3d 180 , D.Me. S.Ct. CRIMINAL JUSTICE - Postal Service. Allegations were sufficient for district court to have subject matter jurisdiction. Distinguished Apr. 06, 2015 Case 359. U.S. v. White 1 by 2 5 782 F.3d 1118 , 10th Cir.(Okla.) CRIMINAL JUSTICE - Sex Offenders. Categorical S.Ct. approach applied in determining defendant's sex offender tier under SORNA. Distinguished July 20, 2015 Case 360. U.S. v. Mahon 2 by S.Ct. 793 F.3d 1115 , 9th Cir.(Ariz.) CRIMINAL JUSTICE - Arson. City office to which defendant addressed box containing pipe bomb affected interstate commerce, for purposes of federal arson statute. Distinguished Aug. 19, Case 361. U.S. v. Bollinger 1 by 2015 2 5 798 F.3d 201 , 4th Cir.(N.C.) CRIMINAL JUSTICE - Sex Offenses. Statute prohibiting S.Ct. non-commercial sexual abuse of children by Americans abroad was constitutional under the foreign commerce clause.

Distinguished 362. U.S. v. Mahon Oct. 20, 2015 Case 2 by 804 F.3d 946 , 9th Cir.(Ariz.) S.Ct. CRIMINAL JUSTICE - Arson. City office to which defendant addressed box containing pipe bomb affected interstate commerce, for purposes of federal arson statute.

Distinguished 363. United States v. Riggins Nov. 20, Case — by 2015 2015 WL 7351687 , E.D.Mich. On August 26, 2015, Defendant John Riggins was indicted on one count of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. See...

Distinguished 364. United States v. O'Dell Mar. 25, 2016 Case 1 by 2016 WL 1181728 , W.D.Ark. S.Ct. Before the Court is Defendant William O'Dell's Motion to Dismiss Indictment. ECF No. 18. The Government has responded. ECF No. 19. The matter is ripe for the Court's consideration....

Distinguished 365. United States v. Cooper Apr. 12, 2016 Case 4 by 2016 WL 1441797 , D.Nev. S.Ct. Charles Edward Cooper, Jr., stands charged with one count of being a felon in possession of a firearm. Cooper moves to suppress his post-arrest statements to police; one of which...

Distinguished 366. U.S. v. McKinley Apr. 12, 2016 Case 1 by 4

Treatment Title Date Type Depth Headnote(s) 647 Fed.Appx. 957 , 11th Cir.(Fla.) S.Ct. CRIMINAL JUSTICE - Sentencing. Defendant's within-Guidelines sentences of life imprisonment for kidnapping and sex trafficking were substantively reasonable.

Distinguished 367. United States v. Dillard Apr. 20, 2016 Case 1 by 2 184 F.Supp.3d 999 , D.Kan. S.Ct. FAMILY LAW — Abortion. Statute protecting access to abortion clinics did not exceed Congress's power under Commerce Clause.

Distinguished 368. United States v. Alexis Apr. 26, 2016 Case 4 by 2016 WL 11431970 , E.D.Ky. S.Ct. On February 2, 2016, Defendant Steeve Alexis filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. (R. 44). The United...

Distinguished 369. United States v. Serrano June 09, Case 1 by 2016 4 191 F.Supp.3d 287 , S.D.N.Y. 5 CRIMINAL JUSTICE — Indictment and Information. S.Ct. Indictment charging defendant with possession of body armor sold in interstate commerce failed to state essential element of charged... Distinguished June 16, Case 370. United States v. Knowles 1 by 2016 5 6 197 F.Supp.3d 143 , D.D.C. CRIMINAL JUSTICE — Jurisdiction. Prosecution of S.Ct. non-citizen defendants for conduct outside the U.S. complied with due process.

Distinguished 371. United States v. Mitchell Aug. 04, Case 4 by 2016 2016 WL 4162338 , M.D.Fla. S.Ct. This matter comes before the Court on Defendant Nikko Mitchell’s Motion to Dismiss the Indictment (Doc. #28), filed on June 6, 2016. The United States of America filed a Response...

Distinguished 372. United States v. Bundy Jan. 06, 2017 Case 1 by 6 2017 WL 8941322 , D.Nev. S.Ct. This matter is before the court on Defendant Ryan C. Bundy's Motion to Dismiss on the Grounds of Insufficient Nexus With Interstate Commerce (ECF No. 1030), and Motion to Dismiss...

Distinguished 373. Martin v. United States Jan. 19, 2017 Case 1 by 2017 WL 228179 , S.D.Ill. S.Ct. This matter comes before the Court on Petitioner Raymond M. Martin's Motion (Doc. 1) to Vacate, Set Aside or Correct his sentence pursuant to 28 U.S.C. § 2255. The Government filed... Distinguished Mar. 01, 2017 Case 374. United States v. Chambers 1 by 2 6 681 Fed.Appx. 72 , 2nd Cir.(N.Y.) CRIMINAL JUSTICE — Identification. Procedure S.Ct. in which kidnapping and robbery victim identified defendant from photo array was not unduly suggestive due to fact that defendant was...

Treatment Title Date Type Depth Headnote(s)

Distinguished 375. Bezet v. United States Mar. 17, 2017 Case 1 by 4 276 F.Supp.3d 576 , E.D.La. 6 CIVIL RIGHTS — Right to Bear Arms. National S.Ct. Firearms Act's imposition of tax on making firearms did not violate Second Amendment under intermediate scrutiny.

Distinguished 376. People for Ethical Treatment of Property Owners Mar. 29, 2017 Case 1 by v. United States Fish and Wildlife Service 2 6 852 F.3d 990 , 10th Cir.(Utah) S.Ct. ENVIRONMENTAL LAW — Endangered Species. Commerce Clause authorized Congress to regulate take of intrastate species, the Utah prairie dog, on nonfederal land.

Distinguished 377. United States v. Fredericks Apr. 07, 2017 Case 1 by 5 684 Fed.Appx. 149 , 3rd Cir.(Virgin Islands) 6 CRIMINAL JUSTICE — Confrontation. Admission of S.Ct. non-testifying co-defendant's inculpatory statement did not violate defendant's right to be confronted with witnesses against him.

Distinguished 378. United States v. Bron Sep. 18, Case 1 by 2017 4 709 Fed.Appx. 551 , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE - Weapons. Possession of firearm S.Ct. by convicted felon did not violate Commerce Clause as applied to purely intrastate possession.

Distinguished 379. United States v. Forsythe Oct. 12, 2017 Case 1 by 4 711 Fed.Appx. 674 , 3rd Cir.(Pa.) S.Ct. CRIMINAL JUSTICE — Arson. Congress had authority, under Commerce Clause, to criminalize destruction of a Pennsylvania residence rented from a fellow Pennsylvanian.

Distinguished 380. United States v. Prout Jan. 16, 2018 Case 1 by 2 284 F.Supp.3d 140 , D.R.I. 4 CRIMINAL JUSTICE — Government Misconduct. There S.Ct. was o evidence that government agents engaged in improper sentencing manipulation by injecting a firearm into sting operation...

Distinguished 381. United States v. Pettaway Mar. 01, 2018 Case 1 by 2 297 F.Supp.3d 137 , D.D.C. 5 CRIMINAL JUSTICE — Explosives. Commerce Clause S.Ct. challenge to indictment for bomb threat outside White House could not be resolved before trial.

Distinguished 382. United States v. Scott Mar. 07, 2018 Case 2 by 2018 WL 1182424 , E.D.La. S.Ct. On August 13, 2017, defendant Ryan Scott (“Scott”) allegedly set fire to the exterior of 713 Woodland Drive in Laplace, Louisiana, a property consisting of rental apartments. Soon...

Distinguished 383. United States v. Durham Aug. 29, Case 1 by 2018 2 902 F.3d 1180 , 10th Cir.(Okla.) 5 S.Ct.

Treatment Title Date Type Depth Headnote(s) CRIMINAL JUSTICE — Sex Offenses. Statute barring travel in foreign commerce and engaging in illicit sexual conduct fell within scope of Congress's Foreign Commerce Clause...

Distinguished 384. United States v. Lieu Oct. 17, 2018 Case 1 by 6 2018 WL 5045335 , D.D.C. S.Ct. Defendant David Lieu has been charged with distributing child pornography and traveling with the intent to engage in illicit sexual conduct with a person under the age of eighteen.... Distinguished Dec. 20, Case 385. United States v. Aquart 1 by 2018 4 912 F.3d 1 , 2nd Cir.(Conn.) S.Ct. CRIMINAL JUSTICE — Death Penalty. Evidence was sufficient to support finding of multiple killings as aggravating factor, in death penalty sentencing proceedings. Distinguished Mar. 29, 2019 Case 386. United States v. Thomas 1 by 4 6 767 Fed.Appx. 758 , 11th Cir.(Fla.) CRIMINAL JUSTICE — Weapons. Government did S.Ct. not have to establish that defendant knew about his prohibited status as convicted felon when he possessed the firearm.

Distinguished 387. United States v. Mills Apr. 30, 2019 Case 1 by 4 378 F.Supp.3d 563 , E.D.Mich. 6 CRIMINAL JUSTICE — Racketeering. Congress did S.Ct. not exceed its authority under the Commerce Clause in enacting the Violent Crimes in Aid of Racketeering Activity statute (VICAR).

Distinguished 388. United States v. Hill June 13, Case 1 by 2019 2 927 F.3d 188 , 4th Cir.(Va.) 6 CRIMINAL JUSTICE — Hate Crimes. Hate Crimes S.Ct. Prevention Act prosecution was sufficiently connected to interstate commerce to be consistent with Congress's Commerce Clause authority. Distinguished Apr. 22, 2020 Case 389. United States v. Thomas 1 by 4 5 810 Fed.Appx. 789 , 11th Cir.(Fla.) CRIMINAL JUSTICE — Weapons. Plain error in S.Ct. colloquy for felon-in-possession plea did not affect defendant's substantial rights. Limitation Jan. 31, 2000 Case 390. U.S. v. Rainey 4 of Holding Recognized by S.Ct. 203 F.3d 824 , 4th Cir.(N.C.) Darius Keith Rainey appeals his two convictions for possession of a firearm by a convicted felon in violation of 18 U.S.C.A. § 922(g) (West 1997). Rainey's first allegation on...

History (4)

Direct History (4) 1. U.S. v. Lopez 2 F.3d 1342 , 5th Cir.(Tex.) , Sep. 15, 1993

Rehearing Denied by

2. U.S. v. Lopez 9 F.3d 105 , 5th Cir.(Tex.) , Nov. 10, 1993

AND Certiorari Granted by

3. U.S. v. Lopez 511 U.S. 1029 , U.S. , Apr. 18, 1994

AND Judgment Affirmed by

4. U.S. v. Lopez 514 U.S. 549 , U.S.Tex. , Apr. 26, 1995

Citing References (500)

Treatment Title Date Type Depth Headnote(s) Superseded Aug. 10, 2005 Case 1. U.S. v. Dorsey 4 by Statute as 6 418 F.3d 1038, 1045+ , 9th Cir.(Alaska) Stated in S.Ct. CRIMINAL JUSTICE - Arrest. Officers had probable cause to arrest defendant. Disagreement Mar. 10, 1999 Case 2. Kuromiya v. U.S. 2 Recognized by 4 37 F.Supp.2d 717, 723+ , E.D.Pa. 6 Individuals who sought to use marijuana for S.Ct. medicinal purposes brought action against government challenging constitutionality of federal criminal laws prohibiting marijuana....

Declined to 3. United States v. Cintron-Aponte Apr. 06, 2016 Case 1 Extend by 2016 WL 3080558, *1+ , D.Puerto Rico 4 6 In June 2015, Jose Cintron-Aponte (“Cintron”) was indicted on one count of violating 18 U.S.C. § S.Ct. 922(g)(1) (felon in possession of a firearm). Docket No. 13. The indictment alleged...

Declined to 4. U.S. v. Mason Jan. 06, 2014 Case 1 Extend by 993 F.Supp.2d 1308, 1315+ , D.Or. 2 4 GLBT - Criminal Justice. Hate Crimes Prevention Act was facially constitutional under Commerce S.Ct. Clause since it contained jurisdictional element.

Declined to 5. U.S. v. Jenkins Oct. 15, 2012 Case 1 Extend by 909 F.Supp.2d 758, 766+ , E.D.Ky. 2 5 CRIMINAL JUSTICE - Hate Crimes. Matthew Shepherd and James Bird Hate Crime Prevention S.Ct. Act generally and as applied was valid under Commerce Clause.

Declined to 6. U.S. v. Gibert Apr. 20, 2012 Case 1 Extend by 677 F.3d 613, 622+ , 4th Cir.(S.C.) 2 5 CRIMINAL JUSTICE - Animals. Animal fighting prohibition in the Animal Welfare Act did not exceed S.Ct. Congress' authority under the Commerce Clause. Declined to Feb. 16, 2012 Case 7. U.S. v. Ferguson 1 Extend by 4 844 F.Supp.2d 810, 817+ , E.D.Mich. 6 CRIMINAL JUSTICE - Jurisdiction. Federal S.Ct. Government's interest in housing project was sufficient to provide District Court with jurisdiction.

Declined to 8. U.S. v. Alderman May 12, 2009 Case 2 Extend by 565 F.3d 641, 643+ , 9th Cir.(Wash.) 4 6 CRIMINAL JUSTICE - Body Armor. Felon-in- possession of body armor statute did not violate S.Ct. Commerce Clause. Declined to July 24, 2008 Case 9. U.S. v. Trent 1 Extend by 4 568 F.Supp.2d 857, 860+ , S.D.Ohio 6 CRIMINAL JUSTICE - Commerce Clause. A S.Ct. statute criminalizing travel in interstate commerce without sex offender registration did not violate the Commerce Clause.

Treatment Title Date Type Depth Headnote(s)

Declined to 10. United States v. Fisher Feb. 04, 2004 Case 1 Extend by 2004 WL 7338288, *2+ , E.D.Tenn. 2 5 Defendant originally was indicted for possession of four machine guns in violation of 18 U. S.C. § S.Ct. 922(o). That statute reads as follows: “Except as provided in paragraph 2, it... Declined to Aug. 28, 2003 Case 11. County of Santa Cruz, Cal. v. Ashcroft 4 Extend by 279 F.Supp.2d 1192, 1205+ , N.D.Cal. S.Ct. CIVIL RIGHTS - Injunction. Plaintiffs failed to show likelihood of success on merits, as required for preliminary injunction. Declined to Apr. 01, 2003 Case 12. Rancho Viejo, LLC v. Norton 2 Extend by 4 323 F.3d 1062, 1066+ , D.C.Cir. 6 ENVIRONMENTAL LAW - Endangered Species. S.Ct. Regulation of proposed housing project, through application of ESA, did not violate Commerce Clause.

Declined to 13. U.S. v. Lemons Sep. 12, 2002 Case 4 Extend by 302 F.3d 769, 771+ , 7th Cir.(Wis.) 6 CRIMINAL JUSTICE - Weapons. Application S.Ct. of felon-in-possession statute did not exceed Congress' Commerce Clause authority.

Declined to 14. U.S. v. Morris Apr. 18, 2001 Case 4 Extend by 247 F.3d 1080, 1085+ , 10th Cir.(Kan.) 6 CRIMINAL JUSTICE - Double Jeopardy. S.Ct. Convictions for firearm use during robbery violated Double Jeopardy Clause. Declined to Aug. 16, 2000 Case 15. U.S. v. Feliciano 2 Extend by 4 223 F.3d 102, 117+ , 2nd Cir.(Conn.) 6 CRIMINAL JUSTICE - Jury. Conducting portion S.Ct. of voir dire outside defendants' hearing was not reversible error.

Declined to 16. Navegar, Inc. v. U.S. Oct. 08, 1999 Case 2 Extend by 192 F.3d 1050, 1054+ , D.C.Cir. 4 6 Licensed manufacturers of firearms brought declaratory judgment action challenging S.Ct. constitutionality of Violent Crime Control and Law Enforcement Act section making it unlawful to... Declined to June 28, 1999 Case 17. U.S. v. Smith 4 Extend by 182 F.3d 452, 453+ , 6th Cir.(Mich.) S.Ct. Following jury trial, defendant was convicted in the United States District Court for the Eastern District of Michigan, Julian A. Cook, Jr., J., of robbery, using or carrying a... Declined to Apr. 13, 1999 Case 18. U.S. v. Threadgill 2 Extend by 4 172 F.3d 357, 371+ , 5th Cir.(Tex.) 6 Five defendants were convicted of conducting S.Ct. an illegal gambling business and conspiring to commit money laundering, and one of them was also convicted of structuring financial...

Treatment Title Date Type Depth Headnote(s)

Declined to 19. U.S. v. Hallmark Const. Co. Sep. 10, 1998 Case 2 Extend by 14 F.Supp.2d 1069, 1073+ , N.D.Ill. 4 6 United States sued property developer under Clean Water Act for allegedly filling a five-acre isolated S.Ct. wetland without obtaining authorization. Developer moved for summary...

Declined to 20. U.S. v. Workman Jan. 16, 1998 Case 2 Extend by 990 F.Supp. 473, 474+ , S.D.W.Va. 4 6 Defendant who was indicted on charges that he had entered pharmacy intending to steal controlled S.Ct. substances moved to dismiss indictment. The District Court, Haden, Chief Judge,...

Declined to 21. U.S. v. Cardoza Oct. 27, 1997 Case 2 Extend by 129 F.3d 6, 10+ , 1st Cir.(Mass.) 4 6 Defendant was convicted in the United States District Court for the District Of Massachusetts, S.Ct. William G. Young, J., 914 F.Supp. 683, of felon-in- possession of ammunition and of...

Declined to 22. U.S. v. Farrish Aug. 27, 1997 Case 4 Extend by 122 F.3d 146, 147+ , 2nd Cir.(N.Y.) 6 Defendant was convicted in the United States S.Ct. District Court for the Southern District of New York, John E. Sprizzo, J., of violating Hobbs Act by stealing cars, on two occasions,... Declined to Aug. 21, 1997 Case 23. U.S. v. Henson 4 Extend by 5 123 F.3d 1226, 1232+ , 9th Cir.(Cal.) 6 Defendants were convicted in the United States S.Ct. District Court for the Central District of California, Dickran M. Tevrizian, J., of drug and firearm offenses, and they appealed. ...

Declined to 24. U.S. v. Woodruff Aug. 06, 1997 Case 4 Extend by 122 F.3d 1185, 1185+ , 9th Cir.(Cal.) 6 After defendant was convicted by jury of interfering S.Ct. with interstate commerce by robbery in violation of Hobbs Act, the United States District Court Northern District of... Declined to July 29, 1997 Case 25. U.S. v. Zizzo 4 Extend by 5 120 F.3d 1338, 1350+ , 7th Cir.(Ill.) 6 Defendants were convicted in the United States S.Ct. District Court for the Northern District of Illinois, Paul E. Plunkett, J., of various offenses including illegal gambling,... Declined to July 24, 1997 Case 26. U.S. v. Wright 2 Extend by 4 117 F.3d 1265, 1268+ , 11th Cir.(Ga.) S.Ct. Defendant pleaded guilty in the United States District Court for the Northern District of Georgia, No. 1:94–CR–274–1–ODE, Orinda D. Evans, J., to possessing machineguns and...

Treatment Title Date Type Depth Headnote(s) Declined to July 23, 1997 Case 27. U.S. v. Crump 2 Extend by 4 120 F.3d 462, 465+ , 4th Cir.(W.Va.) 6 Defendant was convicted in the United States S.Ct. District Court for the Southern District of West Virginia, Robert J. Staker, J., of conspiring to possess cocaine base with intent to... Declined to June 23, 1997 Case 28. U.S. v. Castleberry 2 Extend by 4 116 F.3d 1384, 1385+ , 11th Cir.(Ga.) 6 Defendant was convicted in the United States S.Ct. District Court for the Northern District of Georgia, No. 1:95–CR–370–1 (WBH), Willis B. Hunt, J., for violations of the Hobbs Act, and... Declined to June 12, 1997 Case 29. U.S. v. Bailey 2 Extend by 4 115 F.3d 1222, 1224+ , 5th Cir.(Tex.) 6 Defendant was charged with failure to pay child S.Ct. support under Child Support Recovery Act (CSRA). The United States District Court for the Western District of Texas, Samuel Fred... Declined to Feb. 07, 1997 Case 30. U.S. v. Bongiorno 2 Extend by 4 106 F.3d 1027, 1031+ , 1st Cir.(Mass.) 6 Following father's conviction for violating Child S.Ct. Support Recovery Act (CSRA), he was ordered to pay restitution and was sentenced to five years of probation, condition of which...

Declined to 31. U.S. v. McHugh Jan. 10, 1997 Case 2 Extend by 967 F.Supp. 1279, 1280+ , N.D.Ga. 4 6 Defendant was charged with violating Federal Child Support Recovery Act (CSRA). On defendant's S.Ct. motions to dismiss, the District Court, Forrester, J., held that: (1) CSRA does not...

Declined to 32. U.S. v. McKinney Oct. 23, 1996 Case 2 Extend by 98 F.3d 974, 976+ , 7th Cir.(Ill.) 4 6 Defendant was convicted in the United States District Court for Southern District of Illinois, Paul S.Ct. E. Riley, J., of conspiracy to distribute cocaine, distribution of cocaine, and...

Declined to 33. U.S. v. Orozco Oct. 18, 1996 Case 2 Extend by 98 F.3d 105, 106+ , 3rd Cir. 4 6 Defendant pleaded guilty to drug offense and, following bench trial in the District Court, James S.Ct. McGirr Kelly, J., was convicted of distributing cocaine within one thousand feet of... Declined to Aug. 21, 1996 Case 34. Kowalczyk v. U.S. 2 Extend by 4 936 F.Supp. 1127, 1144+ , E.D.N.Y. 6 Petitioner's convictions for altering vehicle S.Ct. identification numbers (VINs) and tax evasion were affirmed by the Court of Appeals, 935 F.2d 1277. On petitioner's motion to...

Treatment Title Date Type Depth Headnote(s) Declined to July 25, 1996 Case 35. U.S. v. Tucker 2 Extend by 4 90 F.3d 1135, 1139+ , 6th Cir.(Mich.) 6 Defendants were convicted in the United States S.Ct. District Court for the Western District of Michigan, Richard A. Enslen, J., on charges arising from drug trafficking conspiracy. ... Declined to June 19, 1996 Case 36. Doe v. Doe 2 Extend by 4 929 F.Supp. 608, 612+ , D.Conn. 6 Wife sought damages against husband under civil S.Ct. rights remedy provision of Violence Against Women Act (VAWA), based on alleged deprivation of wife's right to be free from... Declined to June 07, 1996 Case 37. U.S. v. Staples 2 Extend by 4 85 F.3d 461, 462+ , 9th Cir.(Wash.) 6 Defendant pleaded guilty to possession of firearm in S.Ct. connection with drug trafficking crime in the United States District Court for the Western District of Washington, Barbara...

Declined to 38. U.S. v. Genao Apr. 01, 1996 Case 2 Extend by 79 F.3d 1333, 1335+ , 2nd Cir.(N.Y.) 4 6 Defendant was convicted by the United States District Court for the Southern District of New York, S.Ct. John S. Martin, Jr., J., of conspiracy to distribute controlled substance, and he...

Declined to 39. U.S. v. Arena Mar. 19, 1996 Case 4 Extend by 918 F.Supp. 561, 567+ , N.D.N.Y. 6 Defendants who had been convicted of violating S.Ct. and conspiring to violate the Hobbs Act by causing butyric acid attacks on medical facilities providing abortion services moved for... Declined to Feb. 28, 1996 Case 40. Goetz v. Glickman 2 Extend by 4 920 F.Supp. 1173, 1178+ , D.Kan. 5 Beef producer brought action challenging S.Ct. constitutionality of Beef Promotion and Research Act of 1985. On motions to dismiss by defendant Secretary of Agriculture and...

Declined to 41. U.S. v. Cardoza Jan. 16, 1996 Case 2 Extend by 914 F.Supp. 683, 683+ , D.Mass. 4 6 Following denial of motion to dismiss indictment, defendant was convicted of weapons offenses. S.Ct. In subsequent memorandum explaining denial of motion to dismiss, the District...

Declined to 42. U.S. v. Brown Dec. 28, 1995 Case 1 Extend by 72 F.3d 96, 96+ , 8th Cir.(Mo.) 4 6 Defendant was convicted of possession of cocaine base with intent to distribute and use of firearm S.Ct. during drug trafficking offense in the United States District Court for the...

Treatment Title Date Type Depth Headnote(s) Declined to Dec. 01, 1995 Case 43. U.S. v. Lynch 2 Extend by 4 908 F.Supp. 284, 291+ , D.Virgin Islands 6 Defendant, who was charged with various drug S.Ct. offenses, moved to dismiss count of possession of firearm during drug trafficking crime, and to suppress use of certain evidence. The...

Declined to 44. U.S. v. McMillan Nov. 22, 1995 Case 4 Extend by 946 F.Supp. 1254, 1258+ , S.D.Miss. 5 6 United States sought preliminary injunction against abortion protestor under the Freedom of Access to S.Ct. Clinic Entrances Act (FACE). The District Court, Wingate, J., held that:... Declined to Nov. 17, 1995 Case 45. U.S. v. Bell 4 Extend by 5 70 F.3d 495, 496+ , 7th Cir.(Ill.) 6 Defendant was convicted, following guilty plea, S.Ct. in the United States District Court for the Central District of Illinois, Richard Mills, J., of possession by felon of firearm that...

Declined to 46. U.S. v. Boone Oct. 30, 1995 Case 2 Extend by 904 F.Supp. 868, 869+ , N.D.Ind. 4 6 Defendant was charged with violating statute prohibiting unlicensed persons from importing, S.Ct. manufacturing, or dealing in firearms. On defendant's motion to dismiss superseding... Declined to Sep. 07, 1995 Case 47. U.S. v. Bishop 2 Extend by 4 66 F.3d 569, 575+ , 3rd Cir.(N.J.) 6 Defendants were convicted in the United States S.Ct. District Court for the District of New Jersey, Alfred J. Lechner, Jr., J., of carjacking and use of a firearm during commission of a...

Declined to 48. U.S. v. Wilks July 06, 1995 Case 2 Extend by 58 F.3d 1518, 1519+ , 10th Cir.(Okla.) 4 6 Defendant was convicted in the United States District Court for the Northern District of Oklahoma, S.Ct. H. Dale Cook, Senior District Judge, on his plea of guilty to illegal possession... Distinguished Apr. 22, 2020 Case 49. United States v. Thomas 1 by 4 810 Fed.Appx. 789, 795+ , 11th Cir.(Fla.) 5 CRIMINAL JUSTICE — Weapons. Plain error in S.Ct. colloquy for felon-in-possession plea did not affect defendant's substantial rights.

Distinguished 50. United States v. Hill June 13, 2019 Case 1 by 927 F.3d 188, 195+ , 4th Cir.(Va.) 2 6 CRIMINAL JUSTICE — Hate Crimes. Hate Crimes Prevention Act prosecution was sufficiently S.Ct. connected to interstate commerce to be consistent with Congress's Commerce Clause authority.

Treatment Title Date Type Depth Headnote(s) Distinguished Mar. 29, 2019 Case 51. United States v. Thomas 1 by 4 767 Fed.Appx. 758, 761+ , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE — Weapons. Government did S.Ct. not have to establish that defendant knew about his prohibited status as convicted felon when he possessed the firearm.

Distinguished 52. United States v. Durham Aug. 29, 2018 Case 1 by 902 F.3d 1180, 1187+ , 10th Cir.(Okla.) 2 5 CRIMINAL JUSTICE — Sex Offenses. Statute barring travel in foreign commerce and engaging in S.Ct. illicit sexual conduct fell within scope of Congress's Foreign Commerce Clause...

Distinguished 53. United States v. Pettaway Mar. 01, 2018 Case 1 by 297 F.Supp.3d 137, 143+ , D.D.C. 2 5 CRIMINAL JUSTICE — Explosives. Commerce Clause challenge to indictment for bomb threat S.Ct. outside White House could not be resolved before trial.

Distinguished 54. United States v. Prout Jan. 16, 2018 Case 1 by 284 F.Supp.3d 140, 147+ , D.R.I. 2 4 CRIMINAL JUSTICE — Government Misconduct. There was o evidence that government agents S.Ct. engaged in improper sentencing manipulation by injecting a firearm into sting operation...

Distinguished 55. United States v. Forsythe Oct. 12, 2017 Case 1 by 711 Fed.Appx. 674, 675+ , 3rd Cir.(Pa.) 4 CRIMINAL JUSTICE — Arson. Congress had S.Ct. authority, under Commerce Clause, to criminalize destruction of a Pennsylvania residence rented from a fellow Pennsylvanian.

Distinguished 56. People for Ethical Treatment of Property Mar. 29, 2017 Case 1 by Owners v. United States Fish and Wildlife 2 Service 6 852 F.3d 990, 1000+ , 10th Cir.(Utah) S.Ct. ENVIRONMENTAL LAW — Endangered Species. Commerce Clause authorized Congress to regulate take of intrastate species, the Utah prairie dog, on nonfederal land.

Distinguished 57. Bezet v. United States Mar. 17, 2017 Case 1 by 276 F.Supp.3d 576, 587+ , E.D.La. 4 6 CIVIL RIGHTS — Right to Bear Arms. National Firearms Act's imposition of tax on making S.Ct. firearms did not violate Second Amendment under intermediate scrutiny. Distinguished June 16, 2016 Case 58. United States v. Knowles 1 by 5 197 F.Supp.3d 143, 153+ , D.D.C. 6 CRIMINAL JUSTICE — Jurisdiction. Prosecution of S.Ct. non-citizen defendants for conduct outside the U.S. complied with due process.

Treatment Title Date Type Depth Headnote(s) Distinguished Aug. 19, 2015 Case 59. U.S. v. Bollinger 1 by 2 798 F.3d 201, 208+ , 4th Cir.(N.C.) 5 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. prohibiting non-commercial sexual abuse of children by Americans abroad was constitutional under the foreign commerce clause. Distinguished Apr. 06, 2015 Case 60. U.S. v. White 1 by 2 782 F.3d 1118, 1123+ , 10th Cir.(Okla.) 5 CRIMINAL JUSTICE - Sex Offenders. Categorical S.Ct. approach applied in determining defendant's sex offender tier under SORNA. Distinguished Sep. 18, 2014 Case 61. U.S. v. Garcia 1 by 2 768 F.3d 822, 828+ , 9th Cir.(Cal.) S.Ct. CRIMINAL JUSTICE - Arson. Use of explosive device damaged apartment building that was used in interstate commerce.

Distinguished 62. U.S. v. Castillo June 18, 2014 Case 1 by 2014 WL 2766540, *2+ , N.D.Tex. 2 4 Defendant has filed with this Court a motion to dismiss. On June 11, 2014, the United S.Ct. States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein...

Distinguished 63. U.S. v. Graves June 09, 2014 Case 1 by 2014 WL 2589428, *3+ , N.D.Ga. 5 6 This matter is before the Court on Tony Graves's (''Graves'') and Donald Gresham's (''Gresham'') S.Ct. Objections [141, 142] to Magistrate Judge Justin S. Anand's April 4, 2014, Report...

Distinguished 64. U.S. v. Moody Feb. 03, 2014 Case 1 by 555 Fed.Appx. 867, 867+ , 11th Cir.(Fla.) 4 CRIMINAL JUSTICE - Weapons. Statute prohibiting S.Ct. being a felon in possession of a firearm was not unconstitutional.

Distinguished 65. U.S. v. Gardner Jan. 06, 2014 Case 1 by 993 F.Supp.2d 1294, 1302+ , D.Or. 2 4 CRIMINAL JUSTICE - Misleading Officers. Statute criminalizing engaging in misleading conduct toward S.Ct. another person included attempting to mislead police officers.

Distinguished 66. U.S. v. Cruz July 23, 2013 Case 1 by 2013 WL 3833033, *2+ , E.D.Cal. 5 6 This matter is before the court on defendant's motion to dismiss his criminal indictment for S.Ct. enticement of a minor. (ECF 19.) On June 12, 2013, the court held a hearing at which... Distinguished Sep. 07, 2011 Case 67. U.S. v. Pendleton 1 by 2 658 F.3d 299, 306+ , 3rd Cir.(Del.) 5 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. criminalizing sexual contact with minor in foreign place was valid under Foreign Commerce Clause.

Treatment Title Date Type Depth Headnote(s)

Distinguished 68. U.S. v. Kidd July 05, 2011 Case 1 by 2011 WL 3352464, *7+ , E.D.Tenn. 2 6 All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) S.Ct. for disposition or report and recommendation regarding disposition by the... Distinguished June 29, 2011 Case 69. Thomas More Law Center v. Obama 1 by 2 651 F.3d 529, 541+ , 6th Cir.(Mich.) 6 INSURANCE - Health. Minimum coverage provision S.Ct. of Patient Protection and Affordable Care Act was facially constitutional under Commerce Clause. Distinguished Nov. 30, 2010 Case 70. Liberty University, Inc. v. Geithner 2 by 4 753 F.Supp.2d 611, 630+ , W.D.Va. 6 HEALTH - Obamacare. Congress acted within S.Ct. scope of its powers under Commerce Clause when it enacted Patient Protection and Affordable Care Act.

Distinguished 71. U.S. v. Torres June 21, 2010 Case 4 by 2010 WL 3190659, *6+ , D.Ariz. 5 Pending before the Court are thirteen Motions S.Ct. filed by Defendant Alex Ibarra Torres (“Torres”): 1. Motion in Limine filed on March 11, 2010 (Doc. No. 58); 2. Motion for... Distinguished May 17, 2010 Case 72. U.S. v. Comstock 4 by 5 130 S.Ct. 1949, 1957+ , U.S. S.Ct. CRIMINAL JUSTICE - Sex Offenders. Necessary and Proper Clause allows civil commitment of sexually dangerous person who would otherwise be released from prison.

Distinguished 73. U.S. v. Neth Mar. 30, 2010 Case 2 by 2010 WL 1257699, *1+ , M.D.Fla. 4 6 This case comes before the Court on the following: 1. Motion and Memorandum to Dismiss for Lack of S.Ct. Federal Jurisdiction by Clara Ellen Hansen (Doc. No. 95, filed Feb. 24, 2010);... Distinguished Jan. 07, 2010 Case 74. U.S. v. Guzman 2 by 4 591 F.3d 83, 87+ , 2nd Cir.(N.Y.) 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act's (SORNA's) registration requirement did not violate the Commerce Clause.

Distinguished 75. In re Delta Smelt Consolidated Cases Oct. 08, 2009 Case 2 by 663 F.Supp.2d 922, 932+ , E.D.Cal. 4 5 ENVIRONMENTAL LAW - Endangered Species. Application of ESA to require agencies to evaluate S.Ct. effects of project on intrastate species did not violate Commerce Clause.

Distinguished 76. U.S. v. Keller Aug. 11, 2009 Case 2 by 2009 WL 2475454, *5+ , E.D.Mich. 4 6 On March 10, 2009, Steven Keller was indicted for Sexual Exploitation of a Minor, in violation of 18 S.Ct. U.S.C. § 2251(a), (e). The Indictment says: On or about January, 2009, within...

Treatment Title Date Type Depth Headnote(s)

Distinguished 77. U.S. v. Burkey June 08, 2009 Case 1 by 2009 WL 1616564, *15+ , D.Nev. 4 6 CRIMINAL JUSTICE - Sex Offenders. Prosecuting sex offender for failure to comply with federal S.Ct. registration requirements did not violate due process because knowledge of state... Distinguished May 18, 2009 Case 78. U.S. v. Hernandez 2 by 4 615 F.Supp.2d 601, 614+ , E.D.Mich. 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act did not violate the Commerce Clause.

Distinguished 79. U.S. v. King Apr. 06, 2009 Case 2 by 2009 WL 940600, *3+ , D.Idaho 4 ENVIRONMENTAL LAW - Clean Water. State's S.Ct. underground injection control program, federally approved under Safe Drinking Water Act (SDWA), was valid exercise of Congress's Commerce...

Distinguished 80. U.S. v. Morris Mar. 18, 2009 Case 1 by 2009 WL 753989, *13+ , D.Nev. 4 6 Currently before the Court is Defendant's Motion to Dismiss Indictment (# 18), filed November 24, S.Ct. 2008. The Government filed a Response (# 20), on December 5, 2008, to which...

Distinguished 81. U.S. v. Bell Feb. 05, 2009 Case 2 by 608 F.Supp.2d 1257, 1258+ , D.Kan. 4 6 CRIMINAL JUSTICE - Carjacking. Carjacking statute did not exceed Congress' authority under S.Ct. the Commerce Clause.

Distinguished 82. Stampolis v. Provident Auto Leasing Co. Nov. 10, 2008 Case 2 by 586 F.Supp.2d 88, 93+ , E.D.N.Y. 4 5 TRANSPORTATION - Motor Vehicles. Graves Amendment was within Commerce Clause power, S.Ct. preempted state statute permitting vicarious liability for vehicle owner. Distinguished Sep. 23, 2008 Case 83. U.S. v. Hall 2 by 4 577 F.Supp.2d 610, 618+ , N.D.N.Y. 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act registration provision violated the Commerce Clause. Distinguished Aug. 19, 2008 Case 84. Garcia v. Vanguard Car Rental USA, Inc. 2 by 4 540 F.3d 1242, 1249+ , 11th Cir.(Fla.) 6 TRANSPORTATION - Motor Vehicles. Graves S.Ct. Amendment preempted Florida statute assigning vicarious liability to automobile lessors. Distinguished July 31, 2008 Case 85. U.S. v. May 2 by 4 535 F.3d 912, 921+ , 8th Cir.(Iowa) 6 CRIMINAL JUSTICE - Sex Offenders. Application S.Ct. of Sex Offender Registration and Notification Act to defendant did not violate ex post facto clause.

Treatment Title Date Type Depth Headnote(s) Distinguished June 05, 2008 Case 86. United States v. Clements 1 by 4 2008 WL 11350009, *3+ , D.Ariz. 6 On March 12, 2008, Defendant was indicted for S.Ct. failure to register as a convicted sex offender in violation of 42 U.S.C. §§ 16911 and 16913, and 18 U.S.C. 2250(a). (Doc 5).... Distinguished May 08, 2008 Case 87. U.S. v. Ditomasso 1 by 2 552 F.Supp.2d 233, 245+ , D.R.I. 4 CRIMINAL JUSTICE - Sex Offenders. SORNA S.Ct. regulation of sex offenders traveling in interstate commerce was valid exercise of power under Commerce Clause. Distinguished Apr. 30, 2008 Case 88. City of New York v. Beretta U.S.A. Corp. 2 by 4 6 524 F.3d 384, 393+ , 2nd Cir.(N.Y.) S.Ct. COMMERCIAL LAW - Industry Regulation. Protection of Lawful Commerce in Arms Act (PLCAA) did not violate the Commerce Clause. Distinguished Sep. 07, 2007 Case 89. U.S. v. Comstock 4 by 507 F.Supp.2d 522, 533+ , E.D.N.C. S.Ct. CRIMINAL JUSTICE - Sex Offenders. Statute permitting civil commitment of sexually dangerous persons was unconstitutional. Distinguished July 02, 2007 Case 90. U.S. v. Nascimento 2 by 4 491 F.3d 25, 40+ , 1st Cir.(Mass.) 6 CRIMINAL JUSTICE - Racketeering. Evidence was S.Ct. sufficient to support finding that gang constituted an “enterprise,” under RICO. Distinguished May 12, 2007 Case 91. U.S. v. Hinen 2 by 4 487 F.Supp.2d 747, 757+ , W.D.Va. 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act did not violate the Ex Post Facto Clause. Distinguished Mar. 22, 2007 Case 92. Shepard v. Edward Mackay Enterprises, 2 by 4 Inc. 6 56 Cal.Rptr.3d 326, 330+ , Cal.App. 3 Dist. S.Ct. REAL PROPERTY - Arbitration. FAA preempted statute permitting real property purchaser to pursue construction defect action despite arbitration clause. Distinguished Mar. 19, 2007 Case 93. U.S. v. Latu 2 by 4 479 F.3d 1153, 1156+ , 9th Cir.(Hawai'i) 6 CRIMINAL JUSTICE - Immigration. Defendant was S.Ct. “illegally or unlawfully in the United States,” for purpose of firearms statute. Distinguished Feb. 26, 2007 Case 94. Daker v. Ferrero 2 by 4 475 F.Supp.2d 1325, 1343+ , N.D.Ga. 6 CIVIL RIGHTS - Prisons. RLUIPA did not authorize S.Ct. suit against prison officials in their individual capacities.

Treatment Title Date Type Depth Headnote(s) Distinguished Feb. 08, 2007 Case 95. Alabama-Tombigbee Rivers Coalition v. 2 by 4 Kempthorne 6 477 F.3d 1250, 1271+ , 11th Cir.(Ala.) S.Ct. ENVIRONMENTAL LAW - Endangered Species. Alabama sturgeon was properly listed as endangered species.

Distinguished 96. Harrison v. U.S. ex rel. Dept. of Treasury Nov. 09, 2006 Case 2 by 2006 WL 3257401, *8+ , E.D.Okla. 4 6 The Plaintiff Vernon J. Harrison brought this action pursuant to the Gun Control Act of 1968, 18 U.S.C. S.Ct. § 921- § 928 (the ''Act''), seeking de novo review of the revocation of his... Distinguished June 30, 2006 Case 97. U.S. v. Stewart 2 by 4 451 F.3d 1071, 1073+ , 9th Cir.(Ariz.) 6 CRIMINAL JUSTICE - Weapons. Statute S.Ct. criminalizing possession of homemade machineguns did not violate Commerce Clause.

Distinguished 98. United States v. Alderman June 27, 2006 Case 1 by 2006 WL 8441755, *1+ , W.D.Wash. 4 This matter has come before the Court on S.Ct. Defendant Alderman's (1) motion to dismiss the indictment (Dkt. No. 21); (2) motion for leave to file an overlength brief (Dkt. No. 22);...

Distinguished 99. U.S. v. Maxwell Apr. 20, 2006 Case 2 by 446 F.3d 1210, 1212+ , 11th Cir.(Fla.) 4 6 CRIMINAL JUSTICE - Sex Offenses. Criminalizing of intrastate possession of child pornography did not S.Ct. violate Commerce Clause.

Distinguished 100. U.S. v. Foster Apr. 11, 2006 Case 4 by 443 F.3d 978, 982+ , 8th Cir.(Ark.) 6 CRIMINAL JUSTICE - Extortion and Threats. S.Ct. Evidence established that defendant's attempted extortion had impact on interstate commerce, as required by Hobbs Act. Distinguished Mar. 28, 2006 Case 101. U.S. v. Mugan 2 by 4 441 F.3d 622, 627+ , 8th Cir.(Iowa) 6 CRIMINAL JUSTICE - Sex Offenses. Imposition S.Ct. of 240-month sentence for defendant's offense of using minor to produce child pornography was reasonable.

Distinguished 102. U.S. v. Croxford Mar. 07, 2006 Case 2 by 170 Fed.Appx. 31, 35+ , 10th Cir.(Utah) 4 6 CRIMINAL JUSTICE - Obscenity and Pornography. Statute criminalizing intrastate production of child S.Ct. pornography was constitutional. Distinguished Mar. 03, 2006 Case 103. U.S. v. Giordano 2 by 4 442 F.3d 30, 38+ , 2nd Cir.(Conn.) 6 CRIMINAL JUSTICE - Sex Offenses. Use of S.Ct. phone met jurisdictional element of law barring transmission of minors' names by interstate commerce for illegal purpose.

Treatment Title Date Type Depth Headnote(s)

Distinguished 104. U.S. v. Halter Nov. 29, 2005 Case 4 by 402 F.Supp.2d 856, 858+ , S.D.Ohio 6 CRIMINAL JUSTICE - Commerce Clause. The S.Ct. statute criminalizing knowing possession of child pornography was constitutional as applied to the defendant. Distinguished Apr. 21, 2005 Case 105. U.S. v. Verbitskaya 2 by 4 406 F.3d 1324, 1331+ , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE - Sentencing. Six-level S.Ct. enhancement for use of a firearm was warranted for extortion defendant. Distinguished Jan. 12, 2005 Case 106. U.S. v. Mugan 2 by 4 394 F.3d 1016, 1021+ , 8th Cir.(Iowa) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting child pornography was not unconstitutional as applied to defendant. Distinguished Jan. 10, 2005 Case 107. U.S. v. Ballinger 2 by 4 395 F.3d 1218, 1225+ , 11th Cir.(Ga.) 6 CRIMINAL JUSTICE - Hate Crimes. Interstate S.Ct. church arson spree met “in commerce” requirement of federal religious property damage law. Distinguished June 09, 2004 Case 108. U.S. v. Morales-de Jesus 2 by 4 372 F.3d 6, 8+ , 1st Cir.(Puerto Rico) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Federal child pornography statute criminalizing visual depictions could be applied absent intent to market. Distinguished May 17, 2004 Case 109. Sabri v. U.S. 4 by 6 124 S.Ct. 1941, 1943+ , U.S. S.Ct. CRIMINAL JUSTICE - Bribery. Statute prohibiting bribery involving federal funds did not require nexus between criminal activity and federal funds.

Distinguished 110. U.S. v. Kitsch Mar. 02, 2004 Case 4 by 307 F.Supp.2d 657, 659+ , E.D.Pa. 6 CRIMINAL JUSTICE - Weapons. Felon in S.Ct. possession statute did not violate Commerce Clause. Distinguished Dec. 10, 2003 Case 111. U.S. v. Laton 2 by 4 352 F.3d 286, 292+ , 6th Cir.(Tenn.) 6 CRIMINAL JUSTICE - Arson. Burned fire station S.Ct. met interstate commerce element of federal anti- arson statute.

Distinguished 112. U.S. v. Capozzi Oct. 06, 2003 Case 1 by 347 F.3d 327, 335+ , 1st Cir.(Mass.) 4 6 CRIMINAL JUSTICE - Extortion and Threats. Evidence established nexus between conduct S.Ct. and interstate commerce, sustaining Hobbs Act conviction.

Treatment Title Date Type Depth Headnote(s)

Distinguished 113. U.S. v. Shahani-Jahromi Oct. 06, 2003 Case 2 by 286 F.Supp.2d 723, 732+ , E.D.Va. 4 5 CRIMINAL JUSTICE - Kidnapping. Application of IPKCA to defendant's retention of child in Iran did S.Ct. not violate due process. Distinguished Sep. 10, 2003 Case 114. U.S. v. Adams 2 by 4 343 F.3d 1024, 1027+ , 9th Cir.(Cal.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting possession of child pornography did not violate Commerce Clause. Distinguished Sep. 04, 2003 Case 115. U.S. v. Holston 2 by 4 343 F.3d 83, 84+ , 2nd Cir.(N.Y.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting the local production of child pornography was constitutional under the Commerce Clause. Distinguished Sep. 02, 2003 Case 116. U.S. v. Drury 2 by 4 344 F.3d 1089, 1096+ , 11th Cir.(Ga.) 5 CRIMINAL JUSTICE - Murder-for-hire. Facility had S.Ct. to be used in interstate commerce for jurisdiction under murder-for-hire statute.

Distinguished 117. U.S. v. Wolvin Mar. 27, 2003 Case 4 by 62 Fed.Appx. 667, 668+ , 7th Cir.(Wis.) 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting S.Ct. possession of ammunition by felon did not violate Commerce Clause. Distinguished Mar. 26, 2003 Case 118. U.S. v. Clausen 4 by 5 328 F.3d 708, 710+ , 3rd Cir. 6 CRIMINAL JUSTICE - Robbery. Hobbs Act applied S.Ct. to robberies which had only de minimis effect on interstate commerce. Distinguished Mar. 26, 2003 Case 119. U.S. v. Clausen 4 by 5 60 Fed.Appx. 402, 404+ , 3rd Cir.(Pa.) 6 CRIMINAL JUSTICE - Robbery. Hobbs Act applied S.Ct. to robberies which had only de minimis effect on interstate commerce. Distinguished Dec. 05, 2002 Case 120. U.S. v. Fabian 4 by 5 312 F.3d 550, 554+ , 2nd Cir.(N.Y.) S.Ct. CRIMINAL JUSTICE - Jurisdiction. Defendant's belief he was robbing a loan shark and a drug dealer provided federal jurisdiction.

Distinguished 121. U.S. v. Whited Nov. 19, 2002 Case 2 by 311 F.3d 259, 265+ , 3rd Cir.(Pa.) 4 6 CRIMINAL JUSTICE - Embezzlement and Conversion. Statute regulating embezzlement S.Ct. in connection with health care was valid under Commerce Clause.

Treatment Title Date Type Depth Headnote(s)

Distinguished 122. U.S. v. Turner Aug. 20, 2002 Case 2 by 301 F.3d 541, 543+ , 7th Cir.(Ill.) 4 6 CRIMINAL JUSTICE - Embezzlement and Conversion. Congress did not exceed authority S.Ct. in enacting statute prohibiting employees from embezzling from insurance companies. Distinguished May 31, 2002 Case 123. Basura v. U.S. Home Corp. 1 by 4 120 Cal.Rptr.2d 328, 334+ , Cal.App. 2 Dist. 6 REAL PROPERTY - Arbitration. An arbitration S.Ct. clause in real estate contracts was enforceable.

Distinguished 124. Heaberlin Farms, Inc. v. IGF Ins. Co. Apr. 03, 2002 Case 2 by 641 N.W.2d 816, 822+ , Iowa 4 6 INSURANCE - Crop. Crop insurance policy's arbitration clause was enforceable under federal S.Ct. act, which preempted state statute. Distinguished Mar. 21, 2002 Case 125. U.S. v. Griffith 2 by 4 284 F.3d 338, 345+ , 2nd Cir.(N.Y.) 5 CRIMINAL JUSTICE - Sex Offenses. Use of minor S.Ct. to engage in sex acts in video did not require knowledge of victim's minor status. Distinguished Feb. 27, 2002 Case 126. U.S. v. Cummings 1 by 2 281 F.3d 1046, 1049+ , 9th Cir.(Wash.) 4 CRIMINAL JUSTICE - Kidnapping. International S.Ct. Parental Kidnapping Crime Act was validly enacted within Congress's authority under Commerce Clause.

Distinguished 127. U.S. v. Spinello Sep. 11, 2001 Case 2 by 265 F.3d 150, 152+ , 3rd Cir.(N.J.) 4 6 CRIMINAL JUSTICE - Sentencing. Added sentencing guideline which defined “aberrant S.Ct. behavior” was substantive, not clarifying.

Distinguished 128. U.S. v. DeJesus July 19, 2001 Case 2 by 150 F.Supp.2d 684, 686+ , D.N.J. 4 6 CRIMINAL JUSTICE - Weapons. Felon-in- possession statute was valid exercise of Congress' S.Ct. power to regulate interstate commerce. Distinguished July 16, 2001 Case 129. United Property Owners Ass'n of 2 by 4 Belmar v. Borough of Belmar 6 777 A.2d 950, 975+ , N.J.Super.A.D. S.Ct. REAL PROPERTY - Discrimination. Ordinance relating to summer rental units violated Fair Housing Act.

Distinguished 130. U.S. v. Torres July 13, 2001 Case 2 by 149 F.Supp.2d 199, 201+ , E.D.Pa. 4 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting a felon from possessing a firearm S.Ct.

Treatment Title Date Type Depth Headnote(s) Distinguished May 04, 2001 Case 131. U.S. v. Riddle 2 by 4 249 F.3d 529, 536+ , 6th Cir.(Ohio) 6 CRIMINAL JUSTICE - Jury. Defendants' waiver, S.Ct. through their counsel, of right to be present during jury voir dire was effective. Distinguished Apr. 02, 2001 Case 132. U.S. v. Gallimore 4 by 5 247 F.3d 134, 138+ , 4th Cir.(N.C.) 6 CRIMINAL JUSTICE - Weapons. Interstate S.Ct. commerce nexus may be shown by manufacture of firearm outside state where defendant possessed it. Distinguished Jan. 19, 2001 Case 133. U.S. v. Santiago 4 by 5 238 F.3d 213, 214+ , 2nd Cir.(N.Y.) 6 CRIMINAL JUSTICE - Weapons. Congress acted S.Ct. within its Commerce Clause authority in enacting felon-in-possession statute. Distinguished Dec. 19, 2000 Case 134. U.S. v. Kallestad 2 by 4 236 F.3d 225, 228+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting possession of child pornography was valid under Commerce Clause. Distinguished Dec. 06, 2000 Case 135. U.S. v. Angle 2 by 4 234 F.3d 326, 335+ , 7th Cir.(Ind.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Evidence that defendant “produced” computer files containing child pornography supported possession conviction. Distinguished Nov. 21, 2000 Case 136. U.S. v. Napier 4 by 5 233 F.3d 394, 400+ , 6th Cir.(Ky.) 6 CRIMINAL JUSTICE - Weapons. Statute S.Ct. proscribing possession of firearms while subject to domestic violence order does not violate right to bear arms. Distinguished Nov. 02, 2000 Case 137. U.S. v. Jones 4 by 6 231 F.3d 508, 514+ , 9th Cir.(Cal.) S.Ct. CRIMINAL JUSTICE - Entrapment. Jury could reject entrapment as to illegal weapons possession.

Distinguished 138. U.S. v. Furrow Sep. 19, 2000 Case 2 by 125 F.Supp.2d 1178, 1180+ , C.D.Cal. 4 6 CRIMINAL JUSTICE - Civil Rights. Statute criminalizing interference with federal rights through S.Ct. force was constitutional.

Distinguished 139. U.S. v. Carnes Sep. 19, 2000 Case 4 by 113 F.Supp.2d 1145, 1150+ , E.D.Mich. 6 CRIMINAL JUSTICE - Sentencing. Breaking and S.Ct. entering convictions supported enhanced firearm possession sentence.

Treatment Title Date Type Depth Headnote(s) Distinguished Aug. 21, 2000 Case 140. U.S. v. Taylor 2 by 4 226 F.3d 593, 598+ , 7th Cir.(Ind.) 6 CRIMINAL JUSTICE - Carjacking. Federal S.Ct. carjacking statute does not violate Commerce Clause. Distinguished July 12, 2000 Case 141. Shields v. Babbitt 2 by 4 229 F.Supp.2d 638, 656+ , W.D.Tex. 6 ENVIRONMENTAL LAW - Endangered Species. S.Ct. Taking of species located solely within single state could be regulated by Congress.

Distinguished 142. U.S. v. Bunnell July 11, 2000 Case 4 by 106 F.Supp.2d 60, 64+ , D.Me. 6 CRIMINAL JUSTICE - Confessions. Defendant was S.Ct. in custody during interrogation in his apartment and was entitled to Miranda warning.

Distinguished 143. U.S. v. Bowens June 29, 2000 Case 4 by 108 F.Supp.2d 1067, 1068+ , N.D.Cal. 5 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting possession of firearm by felon is constitutional. S.Ct. Distinguished June 16, 2000 Case 144. Allied Local and Regional Mfrs. Caucus 2 by 4 v. U.S. E.P.A. 6 215 F.3d 61, 81+ , D.C.Cir. S.Ct. ENVIRONMENTAL LAW - Clean Air. EPA regulation limiting content of volatile organic compounds in architectural coatings was valid. Distinguished June 06, 2000 Case 145. Gibbs v. Babbitt 2 by 4 214 F.3d 483, 490+ , 4th Cir.(N.C.) 6 ENVIRONMENTAL LAW - Endangered Species. S.Ct. Limiting taking of red wolves on private land valid under Commerce Clause.

Distinguished 146. U.S. v. Varela-Cruz Sep. 02, 1999 Case 2 by 66 F.Supp.2d 274, 281+ , D.Puerto Rico 4 6 Puerto Rican milk producers and farmers were charged with conspiracy to adulterate milk with S.Ct. water and salt. They moved to dismiss. The District Court, Fuste, J., held that: (1)... Distinguished July 09, 1999 Case 147. Gillespie v. City of Indianapolis 2 by 4 185 F.3d 693, 704+ , 7th Cir.(Ind.) 6 City police officer convicted of domestic violence S.Ct. offense sued city, seeking injunctive relief to protect his continued employment and challenging constitutionality of provisions...

Distinguished 148. U.S. v. Gilbert June 21, 1999 Case 2 by 181 F.3d 152, 157+ , 1st Cir.(Mass.) 4 6 Following jury trial, defendant was convicted in the United States District Court for the District of S.Ct. Massachusetts, Michael A. Ponsor, J., of making a telephone bomb threat to a...

Treatment Title Date Type Depth Headnote(s) Distinguished May 19, 1999 Case 149. U.S. v. Moghadam 4 by 5 175 F.3d 1269, 1275+ , 11th Cir.(Fla.) 6 Defendant was convicted in the United States S.Ct. District Court for the Middle District of Florida, No. 97-53-CR-ORL-18,G. Kendall Sharp, J., of knowingly distributing, selling, and... Distinguished Apr. 08, 1999 Case 150. Culberson v. Doan 4 by 5 65 F.Supp.2d 701, 707+ , S.D.Ohio 6 Family of victim of domestic abuse, presumed dead, S.Ct. sued defendant convicted of her murder, police department which allegedly failed to respond to abuse complaints, and...

Distinguished 151. U.S. v. Page Feb. 23, 1999 Case 4 by 167 F.3d 325, 329+ , 6th Cir.(Ohio) 6 Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Southern District of Ohio, Susan J. Dlott, J., of interstate domestic violence under the...

Distinguished 152. U.S. v. Cunningham Dec. 04, 1998 Case 2 by 161 F.3d 1343, 1345+ , 11th Cir.(Fla.) 4 6 Following denial of his motion to dismiss indictment, defendant entered conditional guilty plea and was S.Ct. convicted in the United States District Court for the Northern District of... Distinguished Oct. 27, 1998 Case 153. In re Pfohl Bros. Landfill Litigation 4 by 5 26 F.Supp.2d 512, 539+ , W.D.N.Y. 6 Action was brought against parties who allegedly S.Ct. owned and operated landfill or were otherwise responsible for the generation or transportation of hazardous substances to the... Distinguished Sep. 24, 1998 Case 154. Ziegler v. Ziegler 1 by 4 28 F.Supp.2d 601, 607+ , E.D.Wash. 5 Wife sued husband, asserting claims under S.Ct. Gender–Motivated Violence Act (GMVA), as well as state law claims of malicious harassment, tort of domestic violence, outrage, assault and... Distinguished Sep. 11, 1998 Case 155. U.S. v. Franklyn 2 by 4 157 F.3d 90, 92+ , 2nd Cir.(N.Y.) 6 Following jury trial, first defendant was convicted S.Ct. in the United States District Court for the Southern District of New York, Cote, J., of possessing a machine gun and possessing... Distinguished June 23, 1998 Case 156. U.S. v. Boyd 2 by 4 149 F.3d 1062, 1064+ , 10th Cir.(Okla.) 6 Defendants were convicted in the United States S.Ct. District Court for the Western District of Oklahoma, David L. Russell, J., of operating an illegal gambling business, and one of them...

Treatment Title Date Type Depth Headnote(s) Distinguished June 22, 1998 Case 157. Timm v. Delong 2 by 4 59 F.Supp.2d 944, 950+ , D.Neb. 6 Former wife brought action against former husband S.Ct. under Violence Against Women Act (VAWA). Upon former husband's motion to dismiss, the District Court, Shanahan, J., held that: (1)...

Distinguished 158. U.S. v. Cobb May 18, 1998 Case 4 by 144 F.3d 319, 321+ , 4th Cir.(S.C.) 6 Defendant was convicted in the United States S.Ct. District Court for the District of South Carolina, David C. Norton, J., of carjacking, use of firearm during crime of violence, and...

Distinguished 159. U.S. v. Pierson Apr. 17, 1998 Case 2 by 139 F.3d 501, 503+ , 5th Cir.(Tex.) 4 6 Defendant was convicted in the United States District Court for the Western District of Texas, S.Ct. Walter S. Smith, Jr., J., of mailing destructive device with intent to kill or... Distinguished Mar. 13, 1998 Case 160. Pryor v. Reno 1 by 2 998 F.Supp. 1317, 1325+ , M.D.Ala. 6 State of Alabama brought action challenging S.Ct. constitutionality of federal Driver's Privacy Protection Act (DPPA), which regulated use by states of information contained in motor... Distinguished Jan. 16, 1998 Case 161. U.S. v. Tocco 4 by 5 135 F.3d 116, 123+ , 2nd Cir.(N.Y.) 6 Following jury trial, defendant was convicted in S.Ct. the United States District Court for the Eastern District of New York, Jack B. Weinstein, J., of arson homicide, arson conspiracy,... Distinguished Dec. 23, 1997 Case 162. Brzonkala v. Virginia Polytechnic 2 by 4 Institute and State University 6 132 F.3d 949, 965+ , 4th Cir.(Va.) S.Ct. Former university student brought action against university and other students, who allegedly raped her, under Title IX and Violence Against Women Act (VAWA). The United States... Distinguished Nov. 18, 1997 Case 163. Crisonino v. New York City Housing 2 by 4 Authority 5 985 F.Supp. 385, 394+ , S.D.N.Y. S.Ct. Former employee of city housing authority brought action against the authority, her former supervisor and other authority officials, asserting claim of sexually hostile work... Distinguished Sep. 03, 1997 Case 164. U.S. v. Black 2 by 4 125 F.3d 454, 460+ , 7th Cir.(Ind.) 6 Defendants were convicted, respectively, in the S.Ct. United States District Court for the Northern District of Indiana, Rudy Lozano, J., and the United States District Court for the...

Treatment Title Date Type Depth Headnote(s) Distinguished Aug. 26, 1997 Case 165. Anisimov v. Lake 2 by 4 982 F.Supp. 531, 534+ , N.D.Ill. 6 Female employee allegedly injured in assaults by S.Ct. her male employer brought action against employer under Violence Against Women Act (VAWA). On employer's motion to dismiss, the...

Distinguished 166. Kilroy v. Superior Court Apr. 28, 1997 Case 2 by 63 Cal.Rptr.2d 390, 394+ , Cal.App. 2 Dist. 4 6 FAMILY LAW - Child Support. Under Full Faith and Credit for Child Support Orders Act, California S.Ct. courts had no jurisdiction to modify Georgia child support order.

Distinguished 167. U.S. v. Harrington Mar. 25, 1997 Case 2 by 108 F.3d 1460, 1464+ , D.C.Cir. 4 6 Defendant was convicted in the United States District Court for the District of Columbia, James S.Ct. Robertson, J., of aiding and abetting robbery in violation of Hobbs Act, aiding and... Distinguished Mar. 14, 1997 Case 168. U.S. v. Gaydos 2 by 4 108 F.3d 505, 507+ , 3rd Cir.(Pa.) 6 Defendant was convicted in the United States S.Ct. District Court for the Western District of Pennsylvania, William L. Standish, J., of malicious destruction of property by means of... Distinguished Dec. 30, 1996 Case 169. U.S. v. Rybar 2 by 4 103 F.3d 273, 276+ , 3rd Cir.(Pa.) 6 Defendant was convicted of unlawful transfer S.Ct. or possession of machine gun by the United States District Court for the Western District of Pennsylvania, Alan N. Bloch, J., after... Distinguished Oct. 01, 1996 Case 170. U.S. v. McHenry 2 by 4 97 F.3d 125, 125+ , 6th Cir.(Ohio) 6 Defendant was convicted in the United States S.Ct. District Court for the Northern District of Ohio, David D. Dowd, Jr., J., of carjacking, using or carrying firearm in relation to crime... Distinguished Sep. 06, 1996 Case 171. U.S. v. Tisor 4 by 5 96 F.3d 370, 373+ , 9th Cir.(Wash.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of Washington, Fred L. Van Sickle, Senior District Judge, of conspiracy to distribute... Distinguished Aug. 19, 1996 Case 172. U.S. v. Zorrilla 2 by 4 93 F.3d 7, 8+ , 1st Cir.(Puerto Rico) 6 Defendants were charged with aiding and abetting S.Ct. each other in the intended distribution of a controlled substance within 1,000 feet of a school and challenged the...

Treatment Title Date Type Depth Headnote(s) Distinguished Aug. 02, 1996 Case 173. U.S. v. McMasters 2 by 4 90 F.3d 1394, 1397+ , 8th Cir.(Iowa) 6 Defendants were convicted in the United States S.Ct. District Court for the Southern District of Iowa, Harold D. Vietor, J., of conspiracy to distribute marijuana and cocaine base,... Distinguished June 14, 1996 Case 174. U.S. v. DiSanto 2 by 4 86 F.3d 1238, 1243+ , 1st Cir.(Mass.) 6 Defendant was convicted in the United States S.Ct. District Court for the District of Massachusetts, Reginald C. Lindsay, J., of attempted arson and conspiracy to commit arson. ... Distinguished Dec. 29, 1995 Case 175. U.S. v. Wilson 2 by 4 73 F.3d 675, 679+ , 7th Cir.(Wis.) 6 In prosecution of antiabortion protestors for S.Ct. interfering with and intimidating persons seeking to provide and obtain reproductive health services, the United States District Court...

Distinguished 176. U.S. v. Kremetis Nov. 14, 1995 Case 2 by 903 F.Supp. 250, 251+ , D.N.H. 4 6 Defendant moved to dismiss superseding indictment that charged him with conspiracy, S.Ct. possession with intent to distribute and aiding and abetting unlawful distribution of cocaine. ... Examined by June 20, 2016 Case 177. Taylor v. U.S. 1 5 136 S.Ct. 2074, 2079+ , U.S. 6 CRIMINAL JUSTICE - Robbery. Government S.Ct. met its burden under Hobbs Act of establishing commerce element in case involving robbery of drugs. Examined by May 19, 2016 Case 178. Torres v. Lynch 3 136 S.Ct. 1619, 1625+ , U.S. S.Ct. IMMIGRATION - Deportation or Removal. Alien's conviction for state-law offense without interstate commerce element can be aggravated felony under INA. Examined by June 02, 2014 Case 179. Bond v. U.S. 1 134 S.Ct. 2077, 2086+ , U.S. S.Ct. CRIMINAL JUSTICE - Weapons. Statute implementing chemical weapons treaty did not reach unremarkable local offense of attempt by jilted wife to injure her husband's lover. Examined by June 28, 2012 Case 180. National Federation of Independent 1 2 Business v. Sebelius 6 132 S.Ct. 2566, 2573+ , U.S. S.Ct. HEALTH - Health Care Reform. Individual mandate in health care reform law was a constitutionally permissible tax.

Treatment Title Date Type Depth Headnote(s)

Examined by 181. Alderman v. U.S. Jan. 10, 2011 Case 1 131 S.Ct. 700, 700+ , U.S. 2 4 The petition for a writ of certiorari is denied. S.Ct. Examined by June 06, 2005 Case 182. Gonzales v. Raich 2 4 125 S.Ct. 2195, 2196+ , U.S. 6 CRIMINAL JUSTICE - Drugs. Application of S.Ct. Controlled Substances Act to intrastate users of marijuana for medical purposes did not violate Commerce Clause. Examined by May 22, 2000 Case 183. Jones v. U.S. 2 4 120 S.Ct. 1904, 1907+ , U.S.Ind. S.Ct. CRIMINAL JUSTICE - Arson. Federal arson statute does not apply to private residence not used for commercial purpose. Examined by May 15, 2000 Case 184. U.S. v. Morrison 2 4 120 S.Ct. 1740, 1744+ , U.S.Va. 6 CIVIL RIGHTS - Gender. Civil remedy provision of S.Ct. Violence Against Women Act held unconstitutional. Examined by Aug. 31, 2009 Case 185. U.S. v. Rene E. 2 4 583 F.3d 8, 17+ , 1st Cir.(Me.) 6 FAMILY LAW - Juvenile Justice. Juvenile S.Ct. Delinquency Act ban of juvenile possession of handguns did not violate the Second Amendment's right to bear arms. Examined by Oct. 25, 2001 Case 186. U.S. v. Lewko 1 4 269 F.3d 64, 67+ , 1st Cir.(N.H.) 6 FAMILY LAW - Child Support. Defendant's omission S.Ct. to pay child support resulted in conviction under CSRA.

Examined by 187. U.S. v. Alvelo-Ramos July 27, 1998 Case 1 187 F.3d 623, 623+ , 1st Cir.(Puerto Rico) 4 6 Erickson Alvelo-Ramos appeals from his conviction under 18 U.S.C. 1029(a), of possessing cloned S.Ct. cellular telephones and cloning hardware and software. Presented as a sufficiency of...

Examined by 188. U.S. v. Blais Aug. 28, 1996 Case 2 98 F.3d 647, 648+ , 1st Cir.(R.I.) 4 Defendant was convicted before the United States S.Ct. District Court for the District of Rhode Island, Mary M. Lisi, J., of being a felon in possession of a firearm, and he appealed. ...

Examined by 189. U.S. v. King Jan. 02, 2002 Case 2 276 F.3d 109, 111+ , 2nd Cir.(N.Y.) 4 6 FAMILY LAW - Child Support. Federal Child Support Recovery Act does not exceed S.Ct. Congressional power under commerce clause.

Treatment Title Date Type Depth Headnote(s) Examined by Mar. 26, 1999 Case 190. Ace Auto Body & Towing, Ltd. v. City of 4 5 New York 6 171 F.3d 765, 778+ , 2nd Cir.(N.Y.) S.Ct. Members and affiliates of New York City tow truck industry sued city, challenging a city ordinance regulating towing, on ground of preemption by federal law. Summary judgment... Examined by Dec. 12, 1997 Case 191. U.S. v. Goodwin 2 4 141 F.3d 394, 397+ , 2nd Cir.(N.Y.) 6 Defendants were convicted in the United States S.Ct. District Court for the Southern District of New York, Thomas P. Griesa, Chief Judge, of narcotics and money laundering offenses. ... Examined by June 27, 1997 Case 192. U.S. v. Trupin 2 4 117 F.3d 678, 680+ , 2nd Cir.(N.Y.) 6 Defendant was convicted in the United States S.Ct. District Court for the Southern District of New York, Peter K. Leisure, J., of possessing stolen painting. He appealed, and... Examined by Jan. 08, 1997 Case 193. U.S. v. Leslie 4 6 103 F.3d 1093, 1099+ , 2nd Cir.(N.Y.) S.Ct. Defendant and codefendant were tried together in the United States District Court for the Southern District of New York, Kevin Thomas Duffy, J., on various money laundering counts,... Examined by Nov. 21, 1996 Case 194. Proyect v. U.S. 2 4 101 F.3d 11, 12+ , 2nd Cir.(N.Y.) 6 After defendant's conviction for manufacturing S.Ct. marijuana was upheld on direct appeal, 989 F.2d 84, defendant petitioned for postconviction relief, seeking to vacate his conviction... Examined by Aug. 12, 1996 Case 195. U.S. v. Sage 2 4 92 F.3d 101, 106+ , 2nd Cir.(Conn.) 6 Defendant was convicted in the United States S.Ct. District Court for the District of Connecticut, Dominic J. Squatrito, J., 906 F.Supp. 84. Pursuant to conditional guilty plea to... Examined by Aug. 27, 2012 Case 196. U.S. v. Shavers 1 2 693 F.3d 363, 371+ , 3rd Cir.(Pa.) 4 CRIMINAL JUSTICE - Obstructing Justice. S.Ct. Defendants' attempts to prevent witnesses from testifying at sate court hearing did not constitute witness tampering. Examined by Sep. 13, 2011 Case 197. U.S. v. Walker 1 4 657 F.3d 160, 177+ , 3rd Cir.(Pa.) 6 CRIMINAL JUSTICE - Robbery. There was S.Ct. sufficient evidence to satisfy the interstate commerce element of defendants' Hobbs Act convictions for robbery.

Treatment Title Date Type Depth Headnote(s) Examined by Mar. 06, 2007 Case 198. U.S. v. Kukafka 2 4 478 F.3d 531, 535+ , 3rd Cir.(N.J.) 6 CRIMINAL JUSTICE - Child Support. Deadbeat S.Ct. Parents Act was a constitutional exercise of congressional power under the Commerce Clause. Examined by Apr. 05, 2006 Case 199. U.S. v. MacEwan 2 4 445 F.3d 237, 242+ , 3rd Cir.(Pa.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Congress may regulate downloading of child pornography from Internet, even if transmission does not cross state lines. Examined by Jan. 13, 2005 Case 200. U.S. v. Davies 2 4 394 F.3d 182, 189+ , 3rd Cir.(Pa.) 6 CRIMINAL JUSTICE - Arson. Use of church to S.Ct. send out-of-state donation did not meet interstate commerce nexus of arson statute.

Examined by 201. U.S. v. Singletary Oct. 02, 2001 Case 2 268 F.3d 196, 200+ , 3rd Cir.(Pa.) 4 6 CRIMINAL JUSTICE - Weapons. Proof of past transport of weapon in interstate commerce S.Ct. sufficient to support felon-in-possession conviction. Examined by Sep. 07, 2000 Case 202. U.S. v. Gregg 2 4 226 F.3d 253, 261+ , 3rd Cir.(N.J.) 5 CIVIL RIGHTS - Damages. Compensatory statutory S.Ct. damages under FACE were per violation, not per defendant, and joint and several. Examined by Oct. 20, 1999 Case 203. U.S. v. Rodia 2 4 194 F.3d 465, 468+ , 3rd Cir.(N.J.) 6 After his motion to dismiss indictment was denied, S.Ct. defendant entered guilty plea and was convicted in the United States District Court for the District of New Jersey, Mary Little... Examined by May 28, 1999 Case 204. U.S. v. McGuire 2 4 178 F.3d 203, 205+ , 3rd Cir.(Pa.) 6 Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Western District of Pennsylvania, D. Brooks Smith, J., of aiding and abetting the use of... Examined by Mar. 07, 1997 Case 205. U.S. v. Parker 2 4 108 F.3d 28, 29+ , 3rd Cir.(Pa.) 6 Defendant was charged with willfully failing to pay S.Ct. past-due child support obligation to his children in violation of Child Support Recovery Act (CSRA). The United States... Examined by May 24, 1996 Case 206. U.S. v. Gateward 4 6 84 F.3d 670, 671+ , 3rd Cir.(Pa.) S.Ct. Defendant was convicted after jury trial in the United States District Court for the Eastern District of Pennsylvania, Robert S. Gawthrop, J., of possession of firearm by felon. ...

Treatment Title Date Type Depth Headnote(s)

Examined by 207. United States v. Hill Aug. 18, 2017 Case 1 700 Fed.Appx. 235, 238+ , 4th Cir.(Va.) 4 6 CRIMINAL JUSTICE — Hate Crimes. Pretrial as-applied Commerce Clause challenge to Hate S.Ct. Crimes Prevention Act was premature. Examined by Sep. 08, 2011 Case 208. Liberty University, Inc. v. Geithner 1 2 671 F.3d 391, 437+ , 4th Cir.(Va.) 6 HEALTH - Patient Protection and Affordable Care S.Ct. Act. Anti–Injunction Act barred action to enjoin “penalty” imposed by Patient Protection and Affordable Care Act. Examined by July 30, 2001 Case 209. U.S. v. Photogrammetric Data Services, 2 4 Inc. 6 259 F.3d 229, 249+ , 4th Cir.(Va.) S.Ct. CRIMINAL JUSTICE - Searches and Seizures. Detention of corporation's employees while their offices were searched was warranted.

Examined by 210. U.S. v. Ramey June 20, 2000 Case 4 217 F.3d 842, 842+ , 4th Cir.(W.Va.) S.Ct. Ralph Ramey was convicted in district court of various federal offenses arising out of his arson of a mobile home. He filed a motion to vacate his sentence pursuant to 22 U.S.C. §... Examined by Mar. 05, 1999 Case 211. Brzonkala v. Virginia Polytechnic 2 4 Institute and State University 6 169 F.3d 820, 826+ , 4th Cir.(Va.) S.Ct. Woman brought action under the Violence Against Women Act (VAWA) against man who allegedly raped her. Motion to dismiss the VAWA claims was granted by the United States District...

Examined by 212. U.S. v. Bunn Jan. 15, 1998 Case 2 133 F.3d 917, 917+ , 4th Cir.(N.C.) 4 6 Jenkie Hartman Bunn was convicted after a jury trial of being a felon in possession of ammunition, in S.Ct. violation of 18 U.S.C. § 922(g)(1) (1994). Bunn was sentenced to 120 months... Examined by Sep. 19, 1997 Case 213. Hoffman v. Hunt 2 4 126 F.3d 575, 579+ , 4th Cir.(N.C.) 6 Antiabortion activists brought action seeking S.Ct. declaratory judgment that North Carolina statute prohibiting obstruction of health care facilities violated their First Amendment... Examined by May 02, 1997 Case 214. U.S. v. Bailey 2 4 112 F.3d 758, 765+ , 4th Cir.(W.Va.) 6 Defendant was convicted in the United States S.Ct. District for the Southern District of West Virginia, Charles H. Haden, II, Chief Judge, of kidnapping and interstate domestic violence,...

Treatment Title Date Type Depth Headnote(s) Examined by Oct. 25, 1996 Case 215. U.S. v. Wells 4 5 98 F.3d 808, 809+ , 4th Cir.(Md.) 6 Defendant entered conditional plea of guilty in S.Ct. the United States District Court for the District of Maryland, Alexander Williams, Jr., J., to unlawful possession of firearm by...

Examined by 216. U.S. v. Walker July 25, 1996 Case 2 91 F.3d 136, 136+ , 4th Cir.(Va.) 4 6 E.D.Va. AFFIRMED. S.Ct. Examined by Sep. 18, 1995 Case 217. U.S. v. Leshuk 4 6 65 F.3d 1105, 1111+ , 4th Cir.(W.Va.) S.Ct. Defendant was convicted in the United States District Court for the Northern District of West Virginia, Frederick P. Stamp, Jr., Chief Judge, pursuant to conditional guilty plea... Examined by July 06, 2012 Case 218. U.S. v. Kebodeaux 1 2 687 F.3d 232, 237+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Sex Offenders. Sex S.Ct. Offender Registration and Notification Act (SORNA) registration requirement was unconstitutional as applied to defendant. Examined by July 12, 2011 Case 219. U.S. v. Kebodeaux 1 2 647 F.3d 137, 139+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Sex Offenders. SORNA S.Ct. requirement that federal sex offenders register intrastate relocation was constitutional. Examined by July 21, 2009 Case 220. U.S. v. Whaley 4 6 577 F.3d 254, 258+ , 5th Cir.(Tex.) S.Ct. CRIMINAL JUSTICE - Sex Offenders. Sex offender who moved without registering in Texas or updating Kansas registration was properly convicted under SORNA.

Examined by 221. U.S. v. Mann July 19, 2007 Case 1 493 F.3d 484, 495+ , 5th Cir.(Tex.) 4 CRIMINAL JUSTICE - Fraud. Evidence was S.Ct. supported finding that defendant had an intent to defraud, as required to sustain wire fraud convictions

Examined by 222. U.S. v. Bird Feb. 28, 2005 Case 2 401 F.3d 633, 634+ , 5th Cir.(Tex.) 4 6 In United States v. Bird (''Bird I'') this Court held that the Freedom of Access to Clinic Entrances Act S.Ct. (FACE) is a valid exercise of Congress's authority under the Commerce... Examined by Aug. 11, 2004 Case 223. McCarthy ex rel. Travis v. Hawkins 2 4 381 F.3d 407, 426+ , 5th Cir.(Tex.) 6 CIVIL RIGHTS - Parties. State officers were proper S.Ct. defendants in Ex parte Young suit under Title II of the ADA.

Treatment Title Date Type Depth Headnote(s)

Examined by 224. GDF Realty Investments, Ltd. v. Norton Feb. 27, 2004 Case 2 362 F.3d 286, 287+ , 5th Cir.(Tex.) 4 6 The Petition for Rehearing is DENIED and the court having been polled at the request of one of the S.Ct. members of the court and a majority of the judges who are in regular active... Examined by Nov. 26, 2003 Case 225. U.S. v. Bredimus 2 4 352 F.3d 200, 204+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. prohibiting travel in foreign commerce for purpose of engaging in sex act with child was constitutional. Examined by Mar. 26, 2003 Case 226. GDF Realty Investments, Ltd. v. Norton 2 4 6 326 F.3d 622, 626+ , 5th Cir.(Tex.) S.Ct. ENVIRONMENTAL LAW - Endangered Species. Endangered Species Act's the “taking” prohibition fell within Congress' Commerce Clause power. Examined by Oct. 31, 2002 Case 227. U.S. v. Ho 2 4 311 F.3d 589, 594+ , 5th Cir.(Tex.) 6 ENVIRONMENTAL LAW - Clean Air. Clean Air Act S.Ct. provisions fell within Congress' Commerce Clause authority. Examined by Oct. 28, 2002 Case 228. U.S. v. McFarland 2 4 311 F.3d 376, 381+ , 5th Cir.(Tex.) 6 By reason of an equally divided en banc court, we S.Ct. affirm the district court's judgment of conviction and sentence.

Examined by 229. U.S. v. Jimenez June 29, 2001 Case 2 256 F.3d 330, 336+ , 5th Cir.(Tex.) 4 6 CRIMINAL JUSTICE - Arson. Home containing home office of family business satisfied interstate S.Ct. commerce requirement of federal arson statute. Examined by Apr. 02, 2001 Case 230. U.S. v. Johnson 2 4 246 F.3d 749, 750+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Arson. Factual basis for S.Ct. plea did not satisfy interstate commerce element of arson charge. Examined by Jan. 04, 2001 Case 231. U.S. v. Marek 2 4 238 F.3d 310, 317+ , 5th Cir.(Tex.) 6 CRIMINAL JUSTICE - Homicide. Intrastate use S.Ct. of facility of interstate commerce permits federal prosecution of murder for hire. Examined by Nov. 20, 2000 Case 232. Groome Resources Ltd., L.L.C. v. 2 4 Parish of Jefferson 6 234 F.3d 192, 200+ , 5th Cir.(La.) S.Ct. CIVIL RIGHTS - Disabilities. Reasonable accommodation provision of FHAA did not violate Commerce Clause.

Treatment Title Date Type Depth Headnote(s)

Examined by 233. U.S. v. Stewart Jan. 06, 2000 Case 2 207 F.3d 658, 658+ , 5th Cir.(Tex.) 4 6 Robert F. Stewart, Sr., defendant-appellant, was convicted by a jury of four violations of the Interstate S.Ct. Stalking Act, 18 U.S.C. § 2261A. The district court sentenced Stewart and... Examined by Nov. 16, 1999 Case 234. U.S. v. Lankford 2 4 196 F.3d 563, 570+ , 5th Cir.(Tex.) 6 Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Northern District of Texas, Joe Kendall, J., of kidnapping, interstate domestic violence... Examined by Nov. 01, 1999 Case 235. U.S. v. Johnson 2 4 194 F.3d 657, 658+ , 5th Cir.(Tex.) 6 Defendant was convicted before the United States S.Ct. District Court for the Western District of Texas, Walter S. Smith, Jr., J., of arson, and he appealed. The Court of Appeals,... Examined by June 21, 1999 Case 236. U.S. v. Hickman 2 4 179 F.3d 230, 231+ , 5th Cir.(Tex.) 6 By reason of an equally divided en banc court, S.Ct. we affirm all the counts of conviction against all appellants, and we affirm the sentences of all appellants except Chopane. For... Examined by Jan. 15, 1999 Case 237. U.S. v. Luna 2 4 165 F.3d 316, 319+ , 5th Cir.(Tex.) 5 Defendant was convicted in bench trial by the S.Ct. United States District Court for the Southern District of Texas, Hayden W. Head, Jr., J., of knowingly possessing stolen firearms.... Examined by Dec. 15, 1997 Case 238. U.S. v. Hebert 4 131 F.3d 514, 516+ , 5th Cir.(Tex.) S.Ct. Defendant was convicted in the United States District Court for the Eastern District of Texas, Thad Heartfield, J., of bank robbery, use of firearm during course of violent crime,... Examined by Sep. 24, 1997 Case 239. U.S. v. Bird 2 4 124 F.3d 667, 670+ , 5th Cir.(Tex.) 6 Defendant abortion protester was convicted in the S.Ct. United States District Court for the Southern District of Texas, Sim Lake, J., of violating Freedom of Access to Clinic Entrances...

Examined by 240. U.S. v. Miles Sep. 05, 1997 Case 2 122 F.3d 235, 236+ , 5th Cir.(Tex.) 4 6 Defendants were convicted, pursuant to guilty pleas, in the United States District Court for the S.Ct. Northern District of Texas, John H. McBryde, J., of conspiracy to commit robbery...

Treatment Title Date Type Depth Headnote(s) Examined by Aug. 08, 1997 Case 241. U.S. v. Robinson 2 4 119 F.3d 1205, 1208+ , 5th Cir.(Tex.) 5 Defendant was convicted in the United States S.Ct. District Court for the Northern District of Texas, Sidney A. Fitzwater, J., of Hobbs Act conspiracy, aiding and abetting three Hobbs... Examined by July 09, 1997 Case 242. U.S. v. Nguyen 2 4 117 F.3d 796, 798+ , 5th Cir.(Tex.) 6 Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Southern District of Texas, Sim Lake, J., of conspiracy, damaging and destroying property...

Examined by 243. U.S. v. Knutson May 05, 1997 Case 2 113 F.3d 27, 28+ , 5th Cir.(Tex.) 4 6 Defendant was convicted in the United States District Court for the Northern District of Texas, S.Ct. Barefoot Sanders, J., of unlawful possession of machine gun, and he appealed. The... Examined by Mar. 12, 1997 Case 244. U.S. v. Corona 1 2 108 F.3d 565, 569+ , 5th Cir.(La.) 4 Defendants were convicted of arson, conspiracy S.Ct. to commit arson, and using fire to commit their conspiracy to commit arson by the United States District Court for the Eastern...

Examined by 245. U.S. v. Kirk Feb. 03, 1997 Case 4 105 F.3d 997, 998+ , 5th Cir.(Tex.) 5 6 By virtue of an equally divided en banc court, the judgment of the district court is AFFIRMED. S.Ct.

Examined by 246. U.S. v. Kuban Aug. 29, 1996 Case 2 94 F.3d 971, 977+ , 5th Cir.(Tex.) 4 Defendant was convicted in the United States S.Ct. District Court for the Western District of Texas, James R. Nowlin, J., pursuant to guilty plea to being felon in possession of firearms...

Examined by 247. U.S. v. Rawls June 17, 1996 Case 4 85 F.3d 240, 242+ , 5th Cir.(Tex.) 6 Defendant convicted of possession of firearm by S.Ct. previously convicted felon and acquisition of firearm by knowingly making false written statement filed motion to vacate, set aside... Examined by Mar. 21, 1996 Case 248. U.S. v. Spires 4 6 79 F.3d 464, 465+ , 5th Cir.(Tex.) S.Ct. Defendant was convicted in the United States District Court for the Eastern District of Texas, William Wayne Justice, J., of being felon in possession of firearm previously shipped... Examined by Mar. 05, 1996 Case 249. U.S. v. Coleman 2 4 78 F.3d 154, 157+ , 5th Cir.(Tex.) 6 Defendant was convicted of carjacking and other S.Ct. offenses following jury trial in the United States District Court for the Eastern District of Texas, William M. Steger, J., and he...

Treatment Title Date Type Depth Headnote(s) Examined by Nov. 07, 1995 Case 250. U.S. v. Kirk 1 2 70 F.3d 791, 795+ , 5th Cir.(Tex.) 4 Defendant was convicted pursuant to his conditional S.Ct. plea of guilty before the United States District Court for the Western District of Texas, Sam Sparks, J., of one count of...

Examined by 251. U.S. v. Coleman Mar. 29, 2012 Case 1 675 F.3d 615, 619+ , 6th Cir.(Ky.) 2 5 CRIMINAL JUSTICE - Sex Offenses. SORNA bore rational relationship to power of Congress to S.Ct. regulate channels of interstate commerce.

Examined by 252. U.S. v. Baylor Feb. 26, 2008 Case 2 517 F.3d 899, 901+ , 6th Cir.(Ohio) 4 6 CRIMINAL JUSTICE - Robbery. De minimis effect on interstate commerce is sufficient to satisfy S.Ct. jurisdictional requirement of Hobbs Act. Examined by Aug. 26, 2004 Case 253. Waucaush v. U.S. 2 4 380 F.3d 251, 254+ , 6th Cir.(Mich.) 6 CRIMINAL JUSTICE - Postconviction Relief. S.Ct. Defendant was actually innocent of RICO conspiracy.

Examined by 254. U.S. v. Dorman July 16, 2004 Case 2 108 Fed.Appx. 228, 231+ , 6th Cir.(Ky.) 4 6 CRIMINAL JUSTICE - Homicide. Evidence sustained conviction for murder for hire. S.Ct. Examined by July 31, 2002 Case 255. Norton v. Ashcroft 1 4 298 F.3d 547, 555+ , 6th Cir.(Mich.) 5 CIVIL RIGHTS - Free Speech. Freedom of S.Ct. Access to Clinic Entrances Act did not violate First Amendment.

Examined by 256. U.S. v. Al-Zubaidy Mar. 21, 2002 Case 1 283 F.3d 804, 810+ , 6th Cir.(Mich.) 5 6 CRIMINAL JUSTICE - Stalking. Interstate stalking statute was within Congress's commerce clause S.Ct. authority.

Examined by 257. U.S. v. Faasse Sep. 14, 2001 Case 2 265 F.3d 475, 479+ , 6th Cir.(Mich.) 4 6 FAMILY LAW - Child Support. Subjecting defendant to criminal liability under CSRA was appropriate S.Ct. exercise of Congress's commerce clause power. Examined by Jan. 03, 2001 Case 258. U.S. v. Corp 2 4 236 F.3d 325, 327+ , 6th Cir.(Mich.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Child pornography statute was unconstitutional as applied. Examined by Sep. 25, 2000 Case 259. U.S. v. Faasse 2 4 227 F.3d 660, 665+ , 6th Cir.(Mich.) 6 FAMILY LAW - Child Support. Child Support S.Ct. Recovery Act exceeded Congress's authority under commerce clause and was unconstitutional.

Treatment Title Date Type Depth Headnote(s) Examined by Aug. 03, 2000 Case 260. U.S. v. Wang 1 4 222 F.3d 234, 237+ , 6th Cir.(Tenn.) 6 CRIMINAL JUSTICE - Robbery. Robbery from S.Ct. individual must have substantial connection to commerce to support Hobbs Act prosecution. Examined by Nov. 23, 1999 Case 261. U.S. v. Baker 2 4 197 F.3d 211, 217+ , 6th Cir.(Ky.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of Kentucky, Karl S. Forester, J., of unlawful possession of firearm while subject to domestic... Examined by Feb. 12, 1999 Case 262. U.S. v. Ables 2 4 167 F.3d 1021, 1026+ , 6th Cir.(Ky.) 6 Defendants were convicted by jury in the United S.Ct. States District Court for the Western District of Kentucky, Thomas B. Russell, J., of conspiring to conduct illegal gambling... Examined by Feb. 12, 1998 Case 263. U.S. v. Page 4 5 136 F.3d 481, 487+ , 6th Cir.(Ohio) 6 Following jury trial, defendant was convicted in the S.Ct. United States District Court for the Southern District of Ohio, Dlott, J., of interstate domestic violence under Violence... Examined by Dec. 18, 1997 Case 264. U.S. v. Latouf 2 4 132 F.3d 320, 325+ , 6th Cir.(Ohio) 6 Defendants were convicted in the United States S.Ct. District Court for the Northern District of Ohio, Paul R. Matia, J., of conspiracy to commit offenses against the United States,...

Examined by 265. U.S. v. Garner Dec. 09, 1996 Case 4 103 F.3d 131, 131+ , 6th Cir.(Tenn.) S.Ct. W.D.Tenn. AFFIRMED. Examined by Sep. 27, 1996 Case 266. U.S. v. Murphy 4 6 96 F.3d 846, 847+ , 6th Cir.(Ohio) S.Ct. Defendant was convicted in the United States District Court for the Northern District of Ohio, Ann Aldrich, J., of being a felon in possession of a firearm, and he appealed. The... Examined by Aug. 15, 1996 Case 267. U.S. v. Wall 2 4 92 F.3d 1444, 1446+ , 6th Cir.(Tenn.) 6 Defendants were convicted in the United States S.Ct. District Court for the Middle District of Tennessee, Thomas A. Higgins, J., after entering conditional guilty pleas to operating... Examined by Aug. 02, 1996 Case 268. U.S. v. Beuckelaere 2 4 91 F.3d 781, 782+ , 6th Cir.(Mich.) 6 Defendant was convicted in the United States S.Ct. District Court for the Western District of Michigan, Richard A. Enslen, Chief Judge, of possession of machine gun, and he appealed. ...

Treatment Title Date Type Depth Headnote(s) Examined by June 14, 1996 Case 269. U.S. v. Chesney 2 4 86 F.3d 564, 567+ , 6th Cir.(Tenn.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of Tennessee, James H. Jarvis, Chief Judge, of possession of firearm by felon, and he appealed.... Examined by Mar. 04, 1996 Case 270. U.S. v. Turner 2 4 77 F.3d 887, 888+ , 6th Cir.(Tenn.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of Tennessee, James H. Jarvis, Chief Judge, of being felon in possession of firearm, and he...

Examined by 271. U.S. v. Vasquez July 01, 2010 Case 2 611 F.3d 325, 329+ , 7th Cir.(Ill.) 4 5 CRIMINAL JUSTICE - Sex Offenders. Government was not required to prove defendant had knowledge S.Ct. of requirement to register under Sex Offender Registration and Notification Act. Examined by Nov. 22, 2006 Case 272. U.S. v. Groves 2 4 470 F.3d 311, 325+ , 7th Cir.(Ind.) 6 CRIMINAL JUSTICE - Weapons. Evidence was S.Ct. insufficient to support finding that shotgun was transported in interstate commerce.

Examined by 273. Johnson v. Apna Ghar, Inc. June 04, 2003 Case 2 330 F.3d 999, 1000+ , 7th Cir.(Ill.) 4 6 LABOR AND EMPLOYMENT - Discrimination. Domestic violence shelter was engaged in industry S.Ct. “affecting commerce” for purposes of Title VII.

Examined by 274. U.S. v. Mitchell Aug. 05, 2002 Case 4 299 F.3d 632, 633+ , 7th Cir.(Ind.) 6 CRIMINAL JUSTICE - Weapons. Felon in S.Ct. possession statute was a valid exercise of Congressional power under the Commerce Clause. Examined by July 24, 2001 Case 275. U.S. v. Schaffner 4 5 258 F.3d 675, 677+ , 7th Cir.(Wis.) 6 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. prohibiting sexual exploitation of child did not violate Commerce Clause. Examined by Jan. 04, 2001 Case 276. U.S. v. Peterson 2 4 236 F.3d 848, 852+ , 7th Cir.(Ind.) 6 CRIMINAL JUSTICE - Robbery. Government S.Ct. failed to satisfy jurisdictional element in Hobbs Act prosecution. Examined by Oct. 07, 1999 Case 277. Solid Waste Agency of Northern Cook 2 4 County v. U.S. Army Corps of Engineers 6 191 F.3d 845, 849+ , 7th Cir.(Ill.) S.Ct. Solid waste agency formed by municipalities brought action against the United States Army Corps of Engineers, challenging Corps' exercise of jurisdiction over property and its...

Treatment Title Date Type Depth Headnote(s) Examined by Oct. 16, 1998 Case 278. U.S. v. Wilson 2 4 159 F.3d 280, 285+ , 7th Cir.(Ill.) 5 Defendant was convicted in the United States S.Ct. District Court for the Southern District of Illinois, William L. Beatty, J., of possessing a gun in interstate commerce while subject... Examined by Sep. 03, 1997 Case 279. U.S. v. Westbrook 2 4 125 F.3d 996, 1008+ , 7th Cir.(Ill.) 6 Defendant was convicted in the United States S.Ct. District Court for the Central District of Illinois, Richard Mills, J., of conspiracy to distribute cocaine base, and he appealed. ... Examined by Feb. 03, 1997 Case 280. U.S. v. Hicks 2 4 106 F.3d 187, 188+ , 7th Cir.(Wis.) 6 Defendant was convicted in the United States S.Ct. District Court for the Western District of Wisconsin, Barbara B. Crabb, J., of arson. Defendant appealed. The Court of Appeals,...

Examined by 281. U.S. v. Lewis Nov. 06, 1996 Case 2 100 F.3d 49, 51+ , 7th Cir.(Wis.) 4 6 Defendant was convicted in the United States District Court for the Eastern District of Wisconsin, S.Ct. Terence T. Evans, J., of being felon-in-possession of firearm, of using firearm... Examined by July 30, 1996 Case 282. U.S. v. Kenney 4 5 91 F.3d 884, 885+ , 7th Cir.(Wis.) 6 Defendant was convicted in the United States S.Ct. District Court for the Western District of Wisconsin, Barbara B. Crabb, J., of possession of machine gun. Defendant appealed. The...

Examined by 283. U.S. v. Bradford Mar. 12, 1996 Case 4 78 F.3d 1216, 1222+ , 7th Cir.(Ill.) 5 6 See 116 S.Ct. 1581. Following jury trial, defendant was convicted of being felon in possession of a S.Ct. firearm, in the United States District Court for the Central District of... Examined by Jan. 13, 2009 Case 284. U.S. v. Howell 2 4 552 F.3d 709, 714+ , 8th Cir.(Iowa) 6 CRIMINAL JUSTICE - Sex Offenses. As matter S.Ct. of first impression in circuit, SORNA's registration requirements were valid exercise of congressional power. Examined by May 31, 2006 Case 285. U.S. v. Dobbs 4 5 449 F.3d 904, 911+ , 8th Cir.(Iowa) 6 CRIMINAL JUSTICE - Sentencing. Burglary S.Ct. conviction was not “serious violent felony” for purposes of federal three strikes law.

Treatment Title Date Type Depth Headnote(s) Examined by Mar. 02, 2004 Case 286. U.S. v. Crenshaw 1 4 359 F.3d 977, 984+ , 8th Cir.(Minn.) 6 CRIMINAL JUSTICE - Homicide. Statute S.Ct. proscribing murder in aid of racketeering is valid exercise of Commerce Clause power. Examined by Apr. 07, 2003 Case 287. U.S. v. Sabri 4 326 F.3d 937, 940+ , 8th Cir.(Minn.) S.Ct. CRIMINAL JUSTICE - Bribery. Federal bribery statute could be applied against real estate developer who bribed city councilman.

Examined by 288. U.S. v. Letts Aug. 31, 2001 Case 2 264 F.3d 787, 789+ , 8th Cir.(Iowa) 4 6 CRIMINAL JUSTICE - Sentencing. Defendant was not entitled to application Sentencing Guidelines' S.Ct. exception for collections.

Examined by 289. U.S. v. Hall Mar. 30, 1999 Case 2 171 F.3d 1133, 1138+ , 8th Cir.(Mo.) 4 5 After defendants were convicted by jury of conspiracy to distribute methamphetamine and to S.Ct. possess methamphetamine with intent to distribute it, and one defendant also was... Examined by Apr. 13, 1998 Case 290. In re Young 4 6 141 F.3d 854, 865+ , 8th Cir.(Minn.) S.Ct. Religion - Congress had the authority to enact Religious Freedom Restoration Act and make it applicable to the United States bankruptcy laws. Examined by Nov. 29, 1996 Case 291. U.S. v. Melina 4 6 101 F.3d 567, 572+ , 8th Cir.(Minn.) S.Ct. Defendant was convicted in the United States District Court for the District of Minnesota, Richard H. Kyle, J., of aiding and abetting arson. Defendant appealed. The Court of... Examined by Mar. 05, 1996 Case 292. U.S. v. Bates 4 5 77 F.3d 1101, 1103+ , 8th Cir.(Ark.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of Arkansas, Stephen M. Reasoner, J., of being felon in possession of firearm, and he appealed.... Examined by Feb. 29, 1996 Case 293. U.S. v. Monteleone 2 4 77 F.3d 1086, 1091+ , 8th Cir.(Mo.) 6 Defendant was convicted in the United States S.Ct. District Court for the Western District of Missouri, Dean Whipple, J., of disposing of firearm to convicted felon, and he appealed. ... Examined by Feb. 16, 1996 Case 294. U.S. v. Dinwiddie 1 2 76 F.3d 913, 919+ , 8th Cir.(Mo.) 4 Attorney General of United States brought action S.Ct. seeking permanent injunction to prohibit abortion protestor from violating Freedom of Access to Clinic Entrances Act (FACE). The...

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Examined by 295. U.S. v. Robinson Aug. 07, 1995 Case 2 62 F.3d 234, 236+ , 8th Cir.(Mo.) 4 6 Defendant was convicted in the United States District Court for the Eastern District of Missouri, S.Ct. Charles A. Shaw, J., of carjacking and of the use or carrying of a firearm in... Examined by Mar. 25, 2011 Case 296. San Luis & Delta-Mendota Water 1 2 Authority v. Salazar 5 638 F.3d 1163, 1174+ , 9th Cir.(Cal.) S.Ct. ENVIRONMENTAL LAW - Endangered Species. Application of Endangered Species Act to delta smelt did not violate Commerce Clause, even if delta smelt was intrastate species.

Examined by 297. U.S. v. Alderman Feb. 03, 2010 Case 4 593 F.3d 1141, 1141+ , 9th Cir. S.Ct. Judges McKeown and B. Fletcher vote to deny the petition for panel rehearing. Judge Paez votes to grant the petition for panel rehearing. Judge McKeown votes to deny the... Examined by Jan. 12, 2007 Case 298. U.S. v. Reynard 4 6 473 F.3d 1008, 1022+ , 9th Cir.(Cal.) S.Ct. CRIMINAL JUSTICE - Sentencing. Retroactive application of DNA Act to defendant did not violate prohibition against ex post facto laws. Examined by Jan. 25, 2006 Case 299. U.S. v. Clark 2 4 435 F.3d 1100, 1102+ , 9th Cir.(Wash.) 6 FAMILY LAW - Child Protection. Enactment S.Ct. of PROTECT Act was a valid exercise of Congressional authority under the Foreign Commerce Clause. Examined by Dec. 16, 2003 Case 300. Raich v. Ashcroft 2 4 352 F.3d 1222, 1228+ , 9th Cir.(Cal.) 6 CRIMINAL JUSTICE - Medicinal Marijuana. S.Ct. Controlled Substances Act could not be enforced against users of medicinal marijuana. Examined by Nov. 13, 2003 Case 301. U.S. v. Stewart 2 4 348 F.3d 1132, 1134+ , 9th Cir.(Ariz.) 5 CRIMINAL JUSTICE - Weapons. Prohibition against S.Ct. possession of machinegun was unconstitutional as applied to homemade machinegun. Examined by Aug. 26, 2003 Case 302. U.S. v. Allen 2 4 341 F.3d 870, 879+ , 9th Cir.(Mont.) 6 CRIMINAL JUSTICE - Hate Crimes. Hate crimes S.Ct. statute was valid exercise of Congress's power under Commerce Clause. Examined by Mar. 20, 2003 Case 303. U.S. v. McCoy 2 4 323 F.3d 1114, 1117+ , 9th Cir.(Cal.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Federal child pornography statute was unconstitutional as applied to mother's photo of her child.

Treatment Title Date Type Depth Headnote(s) Examined by Aug. 06, 2002 Case 304. U.S. v. Cortes 2 4 299 F.3d 1030, 1032+ , 9th Cir.(Cal.) 6 CRIMINAL JUSTICE - Carjacking. Congress did not S.Ct. exceed its Commerce Clause authority by enacting carjacking statute. Examined by July 08, 1997 Case 305. U.S. v. Juvenile Male 2 4 118 F.3d 1344, 1347+ , 9th Cir.(Ariz.) 6 Juveniles were transferred by the United States S.Ct. District Court for the District of Arizona, Robert C. Broomfield, J., for prosecution as adults on charges of conspiracy to... Examined by Mar. 11, 1997 Case 306. U.S. v. Clayton 4 6 108 F.3d 1114, 1116+ , 9th Cir.(Cal.) S.Ct. Defendant was convicted in the United States District Court, Eastern District of California, Milton L. Schwartz, J., of possession of cloned cellular phones, cloning equipment, and...

Examined by 307. U.S. v. Pacheco-Chong Nov. 14, 1996 Case 4 101 F.3d 706, 706+ , 9th Cir.(Cal.) 5 6 S.D.Cal. AFFIRMED. S.Ct. Examined by Aug. 30, 1996 Case 308. U.S. v. Kim 4 5 94 F.3d 1247, 1249+ , 9th Cir.(Hawai'i) 6 Defendant pled guilty in the United States District S.Ct. Court for the District of Hawai'i, Alan Cooke Kay, Chief Judge, of possession with intent to distribute methamphetamine and... Examined by Aug. 30, 1996 Case 309. U.S. v. Atcheson 2 4 94 F.3d 1237, 1241+ , 9th Cir.(Idaho) 6 Defendants were convicted in the United States S.Ct. District Court for the District of Idaho, Edward J. Lodge, Chief Judge, of conspiracy to commit robbery, attempted robbery,... Examined by Aug. 15, 1996 Case 310. U.S. v. Polanco 1 4 93 F.3d 555, 563+ , 9th Cir.(Cal.) 6 Defendant was convicted in the United States S.Ct. District Court for the Central District of California, Gary L. Taylor, J., of being felon in possession of firearm and ammunition, and... Examined by July 08, 1996 Case 311. U.S. v. Michael R. 2 4 90 F.3d 340, 343+ , 9th Cir.(Ariz.) 6 Defendant was charged with knowingly and S.Ct. intentionally possessing a handgun in violation of the Federal Juvenile Delinquency Act, and he moved to suppress evidence and challenged... Examined by July 02, 1996 Case 312. U.S. v. Gomez 2 4 87 F.3d 1093, 1094+ , 9th Cir.(Cal.) 6 Defendant was convicted in the United States S.Ct. District Court for the Central District of California, A. Wallace Tashima, J., of arson and using firearm in relation to crime of...

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Examined by 313. U.S. v. Lomayaoma May 29, 1996 Case 4 86 F.3d 142, 144+ , 9th Cir.(Ariz.) 5 6 Hopi Indian defendant's supervised release, conditioned on his remaining law abiding, for prior S.Ct. criminal sexual conduct conviction under Indian Major Crimes Act was revoked in the... Examined by Aug. 25, 1995 Case 314. U.S. v. Pappadopoulos 2 4 64 F.3d 522, 525+ , 9th Cir.(Cal.) 6 Defendant was convicted in the United States S.Ct. District Court for the Eastern District of California, Edward J. Garcia, J., of conspiracy, arson, arson to commit another felony, mail...

Examined by 315. U.S. v. Morgan Apr. 09, 2014 Case 1 748 F.3d 1024, 1031+ , 10th Cir.(Colo.) 6 CRIMINAL JUSTICE - Kidnapping. Federal S.Ct. kidnapping statute did not violate Commerce Clause as applied to defendants. Examined by June 20, 2006 Case 316. U.S. v. Patton 2 4 451 F.3d 615, 620+ , 10th Cir.(Kan.) 6 CRIMINAL JUSTICE - Weapons. Federal statute S.Ct. criminalizing felon's possession of body armor could be applied to intrastate possession for self-defense. Examined by Aug. 29, 2001 Case 317. U.S. v. Haney 2 4 264 F.3d 1161, 1166+ , 10th Cir.(Okla.) 6 CRIMINAL JUSTICE - Weapons. Federal statute S.Ct. criminalizing possession of a machinegun did not violate Second Amendment.

Examined by 318. U.S. v. Dorris Dec. 22, 2000 Case 2 236 F.3d 582, 584+ , 10th Cir.(Okla.) 4 6 CRIMINAL JUSTICE - Habitual Offenders. Apprendi rule not applicable to prior convictions used as S.Ct. enhancements.

Examined by 319. U.S. v. Kovach Apr. 04, 2000 Case 2 208 F.3d 1215, 1217+ , 10th Cir.(Utah) 4 6 CRIMINAL JUSTICE - Counterfeiting. Defendant's crime of uttering and possessing counterfeit S.Ct. securities affected interstate commerce.

Examined by 320. U.S. v. Swapp Oct. 29, 1999 Case 2 198 F.3d 260, 260+ , 10th Cir.(Utah) 4 6 After examining the briefs and appellate record, this panel has determined unanimously that S.Ct. oral argument would not materially assist the determination of these appeals. See... Examined by Oct. 17, 1995 Case 321. U.S. v. Bolton 2 4 68 F.3d 396, 398+ , 10th Cir.(Kan.) 6 Defendant was convicted in the United States S.Ct. District Court for the District of Kansas, Patrick F. Kelly, Chief Judge, 1994 WL 721498, of interfering with commerce in violation of...

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Examined by 322. U.S. v. Carolina July 19, 1995 Case 2 61 F.3d 917, 917+ , 10th Cir.(Okla.) 4 6 After examining the briefs and appellate record, this panel has determined unanimously to honor the S.Ct. parties' request for a decision on the briefs without oral argument. See Fed....

Examined by 323. United States v. Davila-Mendoza Aug. 26, 2020 Case 1 972 F.3d 1264, 1271+ , 11th Cir.(Fla.) 2 4 CRIMINAL JUSTICE — Drugs. MDLEA was not valid exercise of Congress's authority under Foreign S.Ct. Commerce Clause as applied to defendants.

Examined by 324. U.S. v. Morris Feb. 13, 2012 Case 1 457 Fed.Appx. 900, 902+ , 11th Cir.(Fla.) 4 6 CRIMINAL JUSTICE - Weapons. Defendant's claim that his conviction under statute, prohibiting S.Ct. convicted felon from possessing firearm, was unconstitutional was not barred by guilty... Examined by Aug. 12, 2011 Case 325. Florida ex rel. Atty. Gen. v. U.S. Dept. of 1 2 Health and Human Services 6 648 F.3d 1235, 1272+ , 11th Cir.(Fla.) S.Ct. HEALTH - Industry Regulations. Patient Protection and Affordable Care Act's individual mandate exceeded boundaries of Congress's enumerated power under Commerce Clause.

Examined by 326. U.S. v. Peters Mar. 24, 2005 Case 2 403 F.3d 1263, 1271+ , 11th Cir.(Fla.) 4 6 CRIMINAL JUSTICE - Weapons. Congress acted within its commerce power in prohibiting sale of S.Ct. firearm to a convicted felon. Examined by Mar. 18, 2005 Case 327. U.S. v. Smith 2 4 402 F.3d 1303, 1312+ , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Intrastate, noncommercial production and possession of child pornography did not substantially affect interstate commerce. Examined by Oct. 01, 2004 Case 328. U.S. v. Maxwell 2 4 386 F.3d 1042, 1053+ , 11th Cir.(Fla.) 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Application of child pornography statute to intrastate possession violated Commerce Clause.

Examined by 329. U.S. v. Pritchett Apr. 09, 2003 Case 1 327 F.3d 1183, 1185+ , 11th Cir.(Ala.) 4 6 CRIMINAL JUSTICE - Weapons. Statute prohibiting possession of stolen firearm did not violate S.Ct. Commerce Clause. Examined by Nov. 21, 2002 Case 330. U.S. v. Ballinger 2 4 312 F.3d 1264, 1268+ , 11th Cir.(Ga.) 6 CRIMINAL JUSTICE - Arson. Arson of local S.Ct. churches did not violate Church Arson Prevention Act.

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Examined by 331. U.S. v. Scott Aug. 28, 2001 Case 2 263 F.3d 1270, 1271+ , 11th Cir.(Ga.) 4 6 CRIMINAL JUSTICE - Weapons. Federal felon- in-possession statute was facially valid under the S.Ct. Commerce Clause. Examined by Aug. 07, 2001 Case 332. U.S. v. Gray 2 4 260 F.3d 1267, 1273+ , 11th Cir.(Ga.) 6 CRIMINAL JUSTICE - Robbery. Government S.Ct. sufficiently proved commerce effect in Hobbs Act prosecution. Examined by Aug. 31, 1998 Case 333. U.S. v. Dascenzo 2 4 152 F.3d 1300, 1301+ , 11th Cir.(Fla.) 6 Defendant was convicted in the United States S.Ct. District Court for the Northern District of Florida, No. 3:96-CR-21/RV, Roger Vinson, J., of various firearms and explosives offenses,... Examined by June 26, 1998 Case 334. U.S. v. Viscome 4 6 144 F.3d 1365, 1368+ , 11th Cir.(Fla.) S.Ct. Defendant pleaded guilty in the United States District Court for the Middle District of Florida, No. 96–4–CR–T–25(E), Henry L. Adams, Jr., J., to conspiring to use weapon of mass... Examined by Apr. 22, 1998 Case 335. U.S. v. Paredes 4 6 139 F.3d 840, 843+ , 11th Cir.(Fla.) S.Ct. Defendants were convicted in the United States District Court for the Southern District of Florida, No. 95–551–CR–MOORE, K. Michael Moore, J., of Hobbs Act and firearms violations,...

Examined by 336. Belflower v. U.S. Dec. 03, 1997 Case 2 129 F.3d 1459, 1460+ , 11th Cir.(Ga.) 4 6 Defendant convicted of arson filed motion to vacate, set aside, or correct his sentence. The United S.Ct. States District Court for the Middle District of Georgia, Nos. CV... Examined by Sep. 24, 1997 Case 337. U.S. v. Bailey 2 4 123 F.3d 1381, 1392+ , 11th Cir.(Fla.) 6 Defendant was convicted in the United States S.Ct. District Court for the Middle District of Florida, No. 91–208–CR–T–23–B,Steven D. Merryday, J., of mail fraud, operation of firearms... Examined by Sep. 08, 1997 Case 338. U.S. v. Williams 1 4 121 F.3d 615, 619+ , 11th Cir.(Fla.) 6 Defendant was convicted in the United States S.Ct. District Court for the Middle District of Florida, No. 94–172–Cr–Orl–19, Patricia C. Fawsett, J., of willfully failing to pay child...

Examined by 339. U.S. v. Chowdhury Aug. 06, 1997 Case 1 118 F.3d 742, 743+ , 11th Cir.(Ga.) 2 4 Defendants were convicted in the United States District Court for the Northern District of Georgia, S.Ct. No. 1:95cr341-1, Willis B. Hunt, Jr., J., under federal arson statute. ...

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Examined by 340. U.S. v. Olin Corp. Mar. 25, 1997 Case 1 107 F.3d 1506, 1508+ , 11th Cir.(Ala.) 2 4 United States brought action against chemical manufacturer under Comprehensive Environmental S.Ct. Response, Compensation and Liability Act (CERCLA), seeking cleanup order and... Examined by Mar. 08, 1996 Case 341. U.S. v. McAllister 2 4 77 F.3d 387, 388+ , 11th Cir.(Ga.) 6 Defendant was convicted by jury in the United S.Ct. States District Court for the Northern District of Georgia, No. 1:93-CR-260,Richard C. Freeman, J., of possession of firearm by felon.... Examined by Jan. 23, 1996 Case 342. U.S. v. Denalli 2 4 73 F.3d 328, 329+ , 11th Cir.(Fla.) 6 Defendant was convicted in the United States S.Ct. District Court for the Middle District of Florida, No. 94-34-Cr-Orl-18, G. Kendall Sharp, J., of 21 counts arising from indignities,... Examined by Nov. 08, 2011 Case 343. Seven-Sky v. Holder 1 4 661 F.3d 1, 15+ , D.C.Cir. 6 INSURANCE - Health. Individual mandate of Patient S.Ct. Protection and Affordable Care Act fell within Congressional authority under Commerce Clause. Examined by June 27, 2006 Case 344. U.S. v. Sullivan 2 4 451 F.3d 884, 888+ , D.C.Cir. 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Congress acted within its authority under Commerce Clause in criminalizing intrastate possession of child pornography.

Examined by 345. Rancho Viejo, LLC v. Norton July 22, 2003 Case 2 334 F.3d 1158, 1158+ , D.C.Cir. 4 6 Appellant's petition for rehearing en banc and the response thereto have been circulated to the S.Ct. full court. The taking of a vote was requested. Thereafter, a majority of the... Examined by Feb. 16, 2001 Case 346. Eldred v. Reno 1 4 239 F.3d 372, 381+ , D.C.Cir. 5 INTELLECTUAL PROPERTY - Copyright Practice. S.Ct. Legislative extension of copyright terms did not violate First Amendment or Copyright Clause.

Examined by 347. Navegar, Inc. v. U.S. Jan. 25, 2000 Case 2 200 F.3d 868, 869+ , D.C.Cir. 4 6 Appellants' petition for rehearing en banc and the response thereto have been circulated to the S.Ct. full court. The taking of a vote was requested. Thereafter, a majority of the...

Treatment Title Date Type Depth Headnote(s) Examined by Dec. 05, 1997 Case 348. National Ass'n of Home Builders v. 2 4 Babbitt 6 130 F.3d 1041, 1045+ , D.C.Cir. S.Ct. Land developers and local governments brought action challenging constitutionality of “taking” provision of Endangered Species Act as applied to endangered species of fly found... Examined by Jan. 14, 1997 Case 349. U.S. v. Hawkins 2 4 104 F.3d 437, 439+ , D.C.Cir. 6 Defendants were convicted in the United States S.Ct. District Court for the District of Columbia, Stanley Sporkin, J., of heroin distribution offenses and violation of the Drug Free... Examined by Dec. 10, 1996 Case 350. Terry v. Reno 2 4 101 F.3d 1412, 1415+ , D.C.Cir. 6 Anti-abortion protesters brought lawsuit against S.Ct. United States Attorney General challenging constitutionality of the Freedom of Access to Clinic Entrances Act. The United States...

Examined by 351. U.S. v. Taylor Aug. 14, 2012 Case 1 2012 WL 3522528, *1+ , S.D.Ala. 5 6 This matter is before the Court on the motion of defendant Lorenzo Taylor, Jr. to dismiss four counts S.Ct. of the superseding indictment, (Doc. 59), in which motion co-defendants Ryan...

Examined by 352. Alabama-Tombigbee Rivers Coalition v. Nov. 14, 2005 Case 1 Norton 5 2005 WL 8157814, *3+ , N.D.Ala. 6 This matter comes before the court on the cross- S.Ct. motions for summary judgment filed by the parties to this action (doc. 44, 49). The Complaint was filed on January 18, 2001 (doc.... Examined by Feb. 02, 2004 Case 353. U.S. v. Matthews 2 4 300 F.Supp.2d 1220, 1227+ , N.D.Ala. 6 CRIMINAL JUSTICE - Obscenity and Pornography. S.Ct. Statute prohibiting possession of child pornography was unconstitutional as applied. Examined by May 20, 1996 Case 354. U.S. v. Olin Corp. 1 4 927 F.Supp. 1502, 1503+ , S.D.Ala. 5 United States brought action against chemical S.Ct. manufacturer under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), seeking to recover cleanup costs. ...

Examined by 355. U.S. v. Red Frame Parasail, Buckeye Model July 24, 2001 Case 2 Eagle 503 (serial number 4159) 4 160 F.Supp.2d 1048, 1056+ , D.Ariz. 6 ENVIRONMENTAL LAW - Game. Airborne Hunting S.Ct. Act's prohibitions applied to power parachutes.

Treatment Title Date Type Depth Headnote(s) Examined by July 26, 1995 Case 356. U.S. v. Schroeder 4 5 894 F.Supp. 360, 362+ , D.Ariz. 6 Defendant indicted on one count of failure to pay S.Ct. child support obligation in violation of federal Child Support Recovery Act of 1992 (CSRA) moved to dismiss indictment on ground... Examined by July 26, 1995 Case 357. U.S. v. Mussari 4 5 894 F.Supp. 1360, 1361+ , D.Ariz. 6 Defendant was indicted for failure to pay child S.Ct. support in violation of Child Support Recovery Act (CSRA). Defendant moved to dismiss on grounds that CSRA was unconstitutional. ...

Examined by 358. United States v. Hardeman July 20, 2011 Case 1 2011 WL 13143962, *3+ , N.D.Cal. 4 6 Gary Hardeman is charged in Count I of a two count indictment with engaging in illicit sexual conduct S.Ct. with a minor in Mexico, in violation of 18 U.S.C. section 2423(c). That...

Examined by 359. U.S. v. Valverde Feb. 09, 2009 Case 2 2009 WL 4172384, *3+ , E.D.Cal. 4 6 CRIMINAL JUSTICE - Sex Offenses. An inmate's indictment for failure to register as a sex offender S.Ct. was dismissed as SORNA violated the Commerce Clause.

Examined by 360. U.S. v. Hardeman Jan. 23, 2009 Case 2 598 F.Supp.2d 1040, 1043+ , N.D.Cal. 4 6 CRIMINAL JUSTICE - Sex Offenses. Indictment charging defendant with failing to register as sex S.Ct. offender fell within Congress' Commerce Clause power. Examined by Mar. 04, 2003 Case 361. Raich v. Ashcroft 4 5 248 F.Supp.2d 918, 922+ , N.D.Cal. 6 CIVIL RIGHTS - Drug Use. Medicinal use of S.Ct. marijuana was barred by Controlled Substances Act (CSA). Examined by Aug. 26, 2002 Case 362. U.S. v. Reynard 2 4 220 F.Supp.2d 1142, 1171+ , S.D.Cal. 6 CRIMINAL JUSTICE - DNA Sampling. DNA S.Ct. Analysis Backlog Elimination Act of 2000 is constitutional. Examined by Aug. 22, 1996 Case 363. U.S. v. Woodruff 2 4 941 F.Supp. 910, 912+ , N.D.Cal. 6 Defendant was charged under Hobbs Act based on S.Ct. alleged participation in robberies of three jewelry stores and attempted robbery of fourth store. After District Court's dismissal...

Treatment Title Date Type Depth Headnote(s)

Examined by 364. U.S. v. Wong Apr. 29, 1996 Case 2 1996 WL 225007, *5+ , N.D.Cal. 4 6 Defendants Phung Cat Ngo and Quyen Manh Nguyen, joined by defendants Hai Hoang Bui, S.Ct. Phong T. Nguyen and Lawrence Wong, move to dismiss the counts 1 and 2 from the indictment on the...

Examined by 365. U.S. v. Murillo Oct. 19, 1995 Case 2 1995 WL 621797, *1+ , N.D.Cal. 4 6 Defendant Mary Gertsma has filed a motion to require proof of interstate commerce activity. This S.Ct. motion was heard on October 18, 1995. Attorney Meyering appeared on behalf of...

Examined by 366. U.S. v. Gonzalez July 24, 1995 Case 4 893 F.Supp. 935, 935+ , S.D.Cal. 5 6 Defendant charged with distribution of methamphetamine moved to dismiss indictment. S.Ct. The District Court, Rhoades, J., held that statute prohibiting distribution of controlled...

Examined by 367. Robertson v. Board of County Com'rs of Dec. 09, 1999 Case 4 County of Morgan 5 78 F.Supp.2d 1142, 1147+ , D.Colo. 6 LABOR AND EMPLOYMENT - Hours and Wages. S.Ct. County board was FLSA employer of deputy sheriffs. Examined by Sep. 09, 1996 Case 368. U.S. v. McVeigh 2 4 940 F.Supp. 1571, 1575+ , D.Colo. 6 Defendants who were charged with conspiracy to S.Ct. use weapon of mass destruction, use of weapon against federal property, destruction of federal property, and eight counts of murder...

Examined by 369. U.S. v. Scott Mar. 18, 1996 Case 1 919 F.Supp. 76, 77+ , D.Conn. 4 6 United States charged defendants with violation of Freedom of Access to Clinic Entrances Act (FACE). S.Ct. Defendants moved to dismiss on grounds that FACE was unconstitutional. The...

Examined by 370. U.S. v. Sage Oct. 03, 1995 Case 2 906 F.Supp. 84, 87+ , D.Conn. 4 6 Defendant was charged with violation of Child Support Recovery Act (CSRA) and defendant S.Ct. moved for dismissal. The District Court, Squatrito, J., held that: (1) CSRA regulation...

Examined by 371. U.S. v. Taylor Sep. 05, 1995 Case 2 897 F.Supp. 1500, 1501+ , D.Conn. 4 6 Defendants were charged with weapons offenses, conspiracy to violate federal law, and false S.Ct. statements to agents of Bureau of Alcohol, Tobacco and Firearms (ATF). Defendants...

Treatment Title Date Type Depth Headnote(s) Examined by Feb. 28, 2018 Case 372. United States v. Park 1 5 297 F.Supp.3d 170, 175+ , D.D.C. 6 CRIMINAL JUSTICE — Sex Offenses. PROTECT S.Ct. Act, as applied, exceeded scope of Congress's power under Foreign Commerce Clause. Examined by July 27, 2017 Case 373. United States v. Reed 1 4 2017 WL 3208458, *8+ , D.D.C. 6 Defendant James Marvin Reed is charged in a two- S.Ct. count indictment that alleges he engaged in illicit sexual conduct with two different minors while in a foreign country. In Count... Examined by Oct. 15, 2012 Case 374. U.S. v. Homaune 1 4 898 F.Supp.2d 153, 159+ , D.D.C. 6 CRIMINAL JUSTICE - Speedy Trial. A two-year S.Ct. delay in international parental kidnapping trial did not violate Sixth Amendment right to speedy trial. Examined by Feb. 22, 2011 Case 375. Mead v. Holder 1 2 766 F.Supp.2d 16, 28+ , D.D.C. 6 INSURANCE - Health. Individual insurance S.Ct. mandate of Patient Protection and Affordable Care Act did not contravene Commerce Clause.

Examined by 376. Rancho Viejo, LLC v. Norton Aug. 20, 2001 Case 2 2001 WL 1223502, *4+ , D.D.C. 4 6 The arroyo toad has been an endangered species since December 1994. The toad's habitat stretches S.Ct. from coastal Southern California, beginning in the Salinas River Basin in Monterey... Examined by July 25, 1997 Case 377. Building Industry Ass'n of Superior 4 6 California v. Babbitt 979 F.Supp. 893, 906+ , D.D.C. S.Ct. Landowners brought action challenging Fish and Wildlife Service's (FWS) listing of fairy shrimp species as threatened or endangered under Endangered Species Act (ESA). On...

Examined by 378. National Ass'n of Home Builders of the Dec. 06, 1996 Case 2 U.S. v. Babbit 4 949 F.Supp. 1, 4+ , D.D.C. 6 Land developers and local governments filed S.Ct. action challenging constitutionality of provision of Endangered Species Act (ESA) prohibiting development of habitat of endangered...

Examined by 379. U.S. v. Pavulak Nov. 30, 2009 Case 2 672 F.Supp.2d 622, 629+ , D.Del. 4 6 CRIMINAL JUSTICE - Searches and Seizures. Probable cause existed to support search warrants S.Ct. for defendant's residence and workplace, and internet account.

Examined by 380. U.S. v. Jamison Aug. 25, 2009 Case 2 647 F.Supp.2d 381, 385+ , D.Del. 4 6 CRIMINAL JUSTICE - Sex Offenders. Sex offenders can be required to register before and S.Ct. after interstate travel.

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Examined by 381. U.S. v. Pendleton Feb. 10, 2009 Case 2 2009 WL 320546, *3+ , D.Del. 4 6 CRIMINAL JUSTICE - Sex Offenders. Defendant's prosecution under Sex Offender Registration and S.Ct. Notification Act (SORNA) did not violate his rights under the due process clause.

Examined by 382. Burgess v. Cahall Feb. 29, 2000 Case 4 88 F.Supp.2d 319, 323+ , D.Del. 5 Former employee sued former supervisor and S.Ct. former employer, alleging violation of Violence Against Women Act (VAWA), and alleging state law claims of battery, false imprisonment,...

Examined by 383. Heard v. Martin County Sheriff's Office Aug. 08, 2014 Case 1 2014 WL 12770093, *9+ , S.D.Fla. 5 6 THIS CAUSE came before the Court upon Defendants' motions to dismiss (D.E. Nos. 47, S.Ct. 109, 166, 25, 26, 48, 49, 81, 28, 62, 157). Plaintiff Jennifer D. Heard (“Plaintiff”) has...

Examined by 384. Ela v. Orange County Sheriff's Office Jan. 29, 2014 Case 1 2014 WL 325697, *4+ , M.D.Fla. 5 6 This case involves claims made by Theresa Ela that Kathleen Destefano improperly accessed Ela's S.Ct. personal information maintained by state agencies. Ela has sued Destefano, the... Examined by Jan. 31, 2011 Case 385. Florida ex rel. Bondi v. U.S. Dept. of 1 5 Health and Human Services 6 780 F.Supp.2d 1256, 1264+ , N.D.Fla. S.Ct. INSURANCE - Health. Individual mandate provision of health care act was unconstitutional and nonseverable.

Examined by 386. U.S. v. Roque Apr. 24, 2009 Case 4 2009 WL 1117482, *1+ , S.D.Fla. S.Ct. CRIMINAL JUSTICE - Indictment and Information. The defendant's indictment for possessing stolen hard drives was constitutional under the Commerce Clause. Examined by Dec. 09, 2008 Case 387. U.S. v. Myers 2 4 591 F.Supp.2d 1312, 1323+ , S.D.Fla. 6 CRIMINAL JUSTICE - Sex Offenders. SORNA's S.Ct. registration provision exceeded Congress's power under Commerce Clause.

Examined by 388. U.S. v. Mason Apr. 24, 2008 Case 2 2008 WL 1882255, *2+ , M.D.Fla. 4 5 This cause came for consideration without oral argument on the Motion of Defendant for S.Ct. Reconsideration of the Court's Order denying Defendant's Motion to Dismiss Indictment (Doc.... Examined by Apr. 18, 2008 Case 389. U.S. v. Powers 2 4 544 F.Supp.2d 1331, 1334+ , M.D.Fla. 6 CRIMINAL JUSTICE - Sex Offenders. A statute S.Ct. criminalizing the failure to register as a sex offender exceeded Congress's power under the Commerce Clause.

Treatment Title Date Type Depth Headnote(s)

Examined by 390. U.S. v. Elliott Dec. 13, 2007 Case 2 2007 WL 4365599, *3+ , S.D.Fla. 4 6 THIS CAUSE came before the Court upon Defendant's Motion to Dismiss Indictment [D.E. 18]. S.Ct. On August 16, 2007, Plaintiff, the United States, filed a one-count Indictment against... Examined by May 22, 2007 Case 391. U.S. v. Mason 2 4 510 F.Supp.2d 923, 931+ , M.D.Fla. 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender S.Ct. Registration and Notification Act did not violate non- delegation doctrine.

Examined by 392. U.S. v. Young June 16, 1997 Case 4 1997 WL 394903, *3+ , M.D.Fla. 6 This Cause comes before the Court on the following S.Ct. documents: (1) Defendant JERMAINE A. YOUNG's Motion to Vacate pursuant to 28 U.S.C. § 2255 (Docket No. 213) (filed February 10,...

Examined by 393. U.S. v. Kegel Feb. 13, 1996 Case 2 916 F.Supp. 1233, 1235+ , M.D.Fla. 4 6 Defendant charged with violation of federal Child Support Recovery Act of 1992 (CSRA) due to his S.Ct. intentional and willful failure to pay past-due child support moved to dismiss...

Examined by 394. United States v. Ramos Dec. 19, 2016 Case 1 2016 WL 8222072, *2+ , N.D.Ga. 2 6 Julio Ramos moves to dismiss the superseding indictment, on the grounds that the Court lacks S.Ct. subject matter jurisdiction over the charges against him contained in that indictment....

Examined by 395. U.S. v. Robinson Sep. 02, 2008 Case 4 2008 WL 4086474, *3+ , S.D.Ga. 5 6 After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and S.Ct. Recommendation, to which no objections have been filed. Accordingly, the... Examined by July 13, 2001 Case 396. U.S. v. Ballinger 2 4 153 F.Supp.2d 1361, 1367+ , N.D.Ga. 6 CRIMINAL JUSTICE - Arson. Church Arson S.Ct. Prevention Act did not violate commerce clause facially or as applied. Examined by Mar. 29, 2000 Case 397. Prickett v. DeKalb County 1 4 92 F.Supp.2d 1357, 1361+ , N.D.Ga. 6 LABOR AND EMPLOYMENT - Hours and S.Ct. Wages. Firefighters were not entitled to overtime compensation for non-fire related medical services. Examined by Nov. 04, 1996 Case 398. Spivey v. U.S. 4 5 1996 WL 735568, *3+ , N.D.Ga. S.Ct. This case is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Conviction and Sentence [55], filed pursuant to 28 U.S.C.A. § 2255, and Petitioner's request...

Treatment Title Date Type Depth Headnote(s) Examined by Oct. 28, 1996 Case 399. CSX Transp., Inc. v. Georgia Public 2 4 Service Com'n 6 944 F.Supp. 1573, 1585+ , N.D.Ga. S.Ct. Railroad corporations filed complaint challenging Georgia Public Service Commission's (GPSC) refusal to grant corporations approval to modify railroad agencies. Cross-motions for...

Examined by 400. U.S. Grafton Aug. 15, 1995 Case 2 1995 WL 506001, *3+ , N.D.Ga. 4 6 This action is before the Court on Motions filed by Defendant Akim Green. Defendant Green has S.Ct. made multiple motions, both oral and written, for severance. The Court addresses...

Examined by 401. U.S. v. Castillias Dec. 20, 2004 Case 4 351 F.Supp.2d 1045, 1047+ , D.Hawai'i S.Ct. CRIMINAL JUSTICE - Drugs. Statute criminalizing drug addict firearm possession was constitutional. Examined by July 21, 1995 Case 402. U.S. v. Bramble 4 5 894 F.Supp. 1384, 1394+ , D.Hawai'i 6 Defendant charged with possession of eagle and S.Ct. bird parts in violation of Eagle Act and Migratory Bird Treaty Act, drug offenses, and being felon and unlawful user or addict of...

Examined by 403. United States v. Redwood Aug. 18, 2016 Case 1 2016 WL 4398082, *2+ , N.D.Ill. 4 6 Defendant Vandetta Redwood has moved to dismiss Count Two of the Indictment. For the S.Ct. following reasons, the Court denies Defendant's motion. On April 28, 2014, a grand jury...

Examined by 404. U.S. v. Bacon Nov. 05, 2009 Case 2 2009 WL 3719396, *2+ , S.D.Ill. 4 6 This is not the first time that Defendant John Bacon has moved for the Court to dismiss the indictment S.Ct. charging him with conspiracy to commit illegal dogfighting, see 18 U.S.C. §...

Examined by 405. U.S. v. Selseth June 18, 2004 Case 2 2004 WL 1385835, *2+ , N.D.Ill. 4 6 On April 7, 1999, a Grand Jury indicted Defendant Reid Selseth (hereinafter, ''Selseth'') on five counts S.Ct. of violations of the child pornography statutes 18 U.S.C. § 2251(a)...

Examined by 406. U.S. v. Silverwood Realtors May 15, 2000 Case 2 2000 WL 631373, *2+ , N.D.Ill. 4 6 Before this court is the United States of America's (''the government'') motion for summary S.Ct. enforcement of a Toxic Substances Control Act subpoena against the respondent,...

Treatment Title Date Type Depth Headnote(s) Examined by July 15, 1999 Case 407. Kuhn v. Kuhn 4 5 1999 WL 519326, *2+ , N.D.Ill. 6 This matter comes before the court on defendant's S.Ct. motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 12(h)(3). For the reasons set forth below,...

Examined by 408. U.S. v. Hartz Const. Co., Inc. June 15, 1999 Case 2 1999 WL 417388, *1+ , N.D.Ill. 4 6 The United States brought this action against Hartz Construction Co. under § 309(b) and § 404(s) of the S.Ct. Clean Water Act (''CWA''), 33 U .S.C. §§ 1319(b), (d) and 1344(s), for... Examined by Mar. 25, 1998 Case 409. Solid Waste Agency of Northern Cook 4 6 County v. U.S. Army Corps of Engineers 998 F.Supp. 946, 951+ , N.D.Ill. S.Ct. A county solid waste agency brought action against the United States Army Corps of Engineers, challenging the Corps's denial of a Clean Water Act (CWA) permit to develop property....

Examined by 410. U.S. v. Tai June 19, 1997 Case 4 972 F.Supp. 434, 435+ , N.D.Ill. 6 Defendant was convicted in the United States S.Ct. District Court for the Northern District of Illinois, Aspen, Chief Judge, of collecting loans by extortionate means, and he appealed. ...

Examined by 411. U.S. v. NL Industries, Inc. Aug. 22, 1996 Case 2 936 F.Supp. 545, 556+ , S.D.Ill. 4 6 United States brought action against alleged potentially responsible parties (PRPs) under S.Ct. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to recover...

Examined by 412. U.S. v. Chandler Nov. 16, 1995 Case 4 1995 WL 683492, *1+ , N.D.Ill. 5 6 Defendant Thomas Chandler has moved to dismiss the indictment against him, in which he is charged S.Ct. with two counts of possessing a firearm transported in interstate commerce in...

Examined by 413. U.S. v. Morgan Dec. 31, 2008 Case 4 2008 WL 5429812, *2+ , N.D.Ind. 5 6 CRIMINAL JUSTICE - Sex Offenses. A federal statute imposing criminal sanction upon sex S.Ct. offenders who cross state borders and fail to register was a constitutional exercise of the...

Examined by 414. U.S. v. Boone Aug. 30, 1995 Case 1 904 F.Supp. 866, 867+ , N.D.Ind. 4 6 Defendant was charged with traveling to another state with intent to engage in business of dealing S.Ct. in firearms without license and attempt to acquire firearms. Defendant moved to...

Treatment Title Date Type Depth Headnote(s) Examined by Feb. 13, 2008 Case 415. U.S. v. Thomas 4 5 534 F.Supp.2d 912, 916+ , N.D.Iowa 6 CRIMINAL JUSTICE - Sex Offenses. Statute S.Ct. criminalizing failure to register as sex offender was valid exercise of congressional power.

Examined by 416. U.S. v. Ryan Oct. 23, 1998 Case 2 23 F.Supp.2d 1044, 1046+ , S.D.Iowa 4 6 Defendant was convicted in the United States District Court for the Southern District of Iowa, of S.Ct. arson, and he appealed. The Court of Appeals affirmed, 41 F.3d 361. Defendant... Examined by June 23, 1997 Case 417. Doe v. Hartz 4 5 970 F.Supp. 1375, 1409+ , N.D.Iowa 6 Parishioner brought action against priest, bishop, S.Ct. diocese, and church for violation of Violence Against Women Act (VAWA) and related state law claims. Defendants moved to...

Examined by 418. U.S. v. Elmer Sep. 23, 2008 Case 2 2008 WL 4369310, *3+ , D.Kan. 4 6 On February 27, 2008, a grand jury indicted defendant for failing to update a registration under S.Ct. the Sex Offender Registration and Notification Act in violation of 18 U.S.C. §... Examined by Mar. 30, 1999 Case 419. U.S. v. Boyd 2 4 52 F.Supp.2d 1233, 1234+ , D.Kan. 6 Upon defendant's motion to dismiss indictment S.Ct. charging him with possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, the District Court, Crow,...

Examined by 420. U.S. v. Watson Sep. 27, 1996 Case 2 942 F.Supp. 1378, 1380+ , D.Kan. 4 6 Defendant convicted pursuant to guilty pleas of simple possession of crack cocaine and knowingly S.Ct. using or carrying firearm during and in relation to drug trafficking offense filed...

Examined by 421. U.S. v. Garcia-Salazar June 09, 1995 Case 2 891 F.Supp. 568, 569+ , D.Kan. 4 6 Defendant charged with various drug-related offenses filed motion to dismiss count of possession S.Ct. with intent to distribute marijuana in school zone. The District Court, Van...

Examined by 422. U.S. v. Lucero May 25, 1995 Case 1 895 F.Supp. 1421, 1423+ , D.Kan. 2 4 Defendants were charged with interfering by physical obstruction with persons obtaining or S.Ct. providing reproductive health services in violation of Freedom of Access to Clinic...

Examined by 423. Saneii v. Robards May 24, 2001 Case 2 187 F.Supp.2d 710, 712+ , W.D.Ky. 4 6 REAL PROPERTY - Arbitration. Claim of fraud in the inducement was for arbitrator to decide. S.Ct.

Treatment Title Date Type Depth Headnote(s)

Examined by 424. U.S. v. Casby Mar. 19, 2012 Case 1 2012 WL 928430, *4+ , E.D.La. 2 4 Before the Court are two motions filed by the Defendant Cyrus Casby: (1) Defendant's Motion S.Ct. to Dismiss Indictment (R. Doc. 34); and (2) Defendant's Motion to Dismiss Indictment as...

Examined by 425. U.S. v. Edelkind May 18, 2006 Case 4 2006 WL 1453035, *2+ , W.D.La. 5 6 Considering the Motion to Dismiss [Doc. 40] filed on behalf of Mr. Edelkind, the briefing submitted S.Ct. thereon, and the Report and Recommendation issued by Magistrate Judge Methvin,... Examined by May 28, 1999 Case 426. Bergeron v. Bergeron 2 4 48 F.Supp.2d 628, 631+ , M.D.La. 6 Former husband moved to dismiss his ex-wife's S.Ct. claim against him under the Violence Against Women Act. The District Court, John V. Parker, Chief Judge, held that: (1) Congress...

Examined by 427. U.S. v. Anderson Feb. 27, 1998 Case 4 1998 WL 88843, *1+ , E.D.La. 5 6 Before the Court is a motion for relief pursuant to 28 U.S.C. § 2255 filed by pro se defendant Tommie S.Ct. Anderson (hereinafter ''Anderson''). For the reasons that follow, the motion...

Examined by 428. U.S. v. Cleveland Jan. 14, 1997 Case 1 951 F.Supp. 1249, 1251+ , E.D.La. 4 6 Defendant, who was charged with racketeering, conducting illegal gambling business, money S.Ct. laundering, and mail fraud, moved to dismiss certain counts, alleging that statute...

Examined by 429. U.S. v. Corona Mar. 05, 1996 Case 4 934 F.Supp. 740, 742+ , E.D.La. 6 Defendants were convicted of destroying by means S.Ct. of fire property used in, or affecting, interstate or foreign commerce. Defendants moved for judgment of acquittal or new trial. ...

Examined by 430. U.S. v. Wilkinson June 22, 2009 Case 2 626 F.Supp.2d 184, 187+ , D.Mass. 4 6 CRIMINAL JUSTICE - Sex Offenders. Congress exceeded its Commerce Clause powers with the S.Ct. statute authorizing civil commitment of a sexually dangerous person. Examined by Feb. 27, 2009 Case 431. U.S. v. Volungus 4 5 599 F.Supp.2d 68, 72+ , D.Mass. 6 CRIMINAL JUSTICE - Sex Offenders. Congress S.Ct. exceeded its Commerce Clause authority by enacting statute authorizing civil commitment of sexually dangerous persons.

Examined by 432. Bertoldo v. U.S. Apr. 25, 2001 Case 2 145 F.Supp.2d 111, 117+ , D.Mass. 4 6 CRIMINAL JUSTICE - Counsel. Defendant charged with attempted commission of murder for hire was S.Ct. not denied assistance of counsel.

Treatment Title Date Type Depth Headnote(s) Examined by Feb. 19, 1999 Case 433. Doe v. Mercer 4 5 37 F.Supp.2d 64, 66+ , D.Mass. 6 Pseudonymous plaintiff brought complaint against S.Ct. three defendants under the Violence Against Women Act (VAWA). Upon defendants' motion to dismiss, the District Court, Stearns, J.,...

Examined by 434. U.S. v. Nachef Mar. 20, 1998 Case 2 1998 WL 151270, *1+ , D.Mass. 4 6 The defendants in this case are accused of conspiring to commit extortion (Count I) and S.Ct. extortion by wrongful use of actual or threatened force, violence or fear (Count II), in...

Examined by 435. U.S. v. Pettiford July 23, 1996 Case 2 934 F.Supp. 479, 481+ , D.Mass. 4 6 Government moved to detain defendant charged with Hobbs Act violation and use of firearm during S.Ct. crime of violence in connection with robbery of auto body shop. The District...

Examined by 436. U.S. v. Goldberg May 31, 1996 Case 2 928 F.Supp. 89, 91+ , D.Mass. 4 6 Defendant was indicted for, inter alia, mail fraud and violation of Travel Act. Defendant moved to S.Ct. dismiss indictment. The District Court, Lindsay, J., held that: (1) mere... Examined by Apr. 09, 1996 Case 437. U.S. v. Lowe 4 5 924 F.Supp. 318, 319+ , D.Mass. 6 Defendant who had been charged with carjacking S.Ct. moved to dismiss on theory that carjacking statute was in excess of regulatory power granted to Congress under the commerce clause. ...

Examined by 438. U.S. v. Beeler July 20, 2001 Case 4 2001 WL 832357, *3+ , D.Me. 5 6 Coleman Beeler, a federal prisoner serving concurrent sentences totaling 137 months for his S.Ct. conviction following guilty pleas for the malicious destruction of a vehicle by...

Examined by 439. U.S. v. Smith Mar. 25, 1996 Case 2 920 F.Supp. 245, 246+ , D.Me. 4 6 Defendant charged with conspiracy to manufacture more than 100 marijuana plants, and manufacturing S.Ct. more than 100 marijuana plants and aiding and abetting such conduct moved to... Examined by Dec. 22, 1995 Case 440. Abbott v. Bragdon 2 4 912 F.Supp. 580, 592+ , D.Me. 6 Patient with Human Immunodeficiency Virus (HIV) S.Ct. sued dentist, alleging violations of Americans with Disabilities Act (ADA) and Maine Human Rights Act (MHRA) based on dentist's...

Treatment Title Date Type Depth Headnote(s)

Examined by 441. United States v. Nagarwala Nov. 20, 2018 Case 1 350 F.Supp.3d 613, 619+ , E.D.Mich. 2 4 CRIMINAL JUSTICE — Mayhem. Necessary and Proper Clause did not confer upon federal S.Ct. government authority to enact statute prohibiting female genital mutilation. Examined by Oct. 07, 2010 Case 442. Thomas More Law Center v. Obama 2 4 720 F.Supp.2d 882, 891+ , E.D.Mich. 6 INSURANCE - Health. Congress had power under S.Ct. the Commerce Clause to enact Health Care Reform Act requiring each citizen to maintain minimum essential health care coverage. Examined by Sep. 26, 2002 Case 443. Johnson v. Martin 2 4 223 F.Supp.2d 820, 827+ , W.D.Mich. 6 CIVIL RIGHTS - Prisons. Religious Land Use and S.Ct. Institutionalized Persons Act (RLUIPA) did not violate First Amendment. Examined by Aug. 23, 2000 Case 444. U.S. v. Garcia 2 4 143 F.Supp.2d 791, 794+ , E.D.Mich. 6 CRIMINAL JUSTICE - Racketeering. RICO did not S.Ct. reach murders allegedly committed by street gang.

Examined by 445. Olympic Arms v. Magaw Mar. 31, 2000 Case 4 91 F.Supp.2d 1061, 1066+ , E.D.Mich. 5 6 GOVERNMENT - Weapons. Statute restricting semiautomatic assault weapons did not violate S.Ct. commerce clause. Examined by Sep. 22, 1999 Case 446. U.S. v. Garcia 2 4 68 F.Supp.2d 802, 807+ , E.D.Mich. 6 Defendant moved to dismiss indictment charging S.Ct. him with violations of Racketeer Influenced and Corrupt Organizations Act (RICO), RICO conspiracy, commission of a violent crime in...

Examined by 447. United States v. Hari Sep. 17, 2019 Case 1 2019 WL 7838282, *2+ , D.Minn. 5 6 This case is before the undersigned United States Magistrate Judge on Defendant Michael Hari's S.Ct. Motion to Dismiss [Doc. No. 94]. The motion was referred to the undersigned for... Examined by Sep. 09, 2008 Case 448. U.S. v. Pietrantonio 4 2008 WL 4205546, *8+ , D.Minn. S.Ct. The above-entitled matter comes before the Court upon Defendant's objections to the Report and Recommendation of Chief United States Magistrate Raymond L. Erickson dated July 14,... Examined by Aug. 04, 2008 Case 449. U.S. v. Senogles 2 4 570 F.Supp.2d 1134, 1146+ , D.Minn. 5 CRIMINAL JUSTICE - Sex Offenders. Due process S.Ct. rights of defendant charged with failure to register as sex offender were not violated.

Treatment Title Date Type Depth Headnote(s) Examined by May 23, 2008 Case 450. U.S. v. Tom 4 5 558 F.Supp.2d 931, 935+ , D.Minn. 6 CRIMINAL JUSTICE - Sex Offenders. Statute S.Ct. authorizing civil commitment of sexually dangerous persons was unconstitutional.

Examined by 451. United States v. Betcher Apr. 03, 2006 Case 1 2006 WL 8444260, *6+ , D.Minn. 6 THIS MATTER came before the undersigned United S.Ct. States Magistrate Judge on March 9, 2006, on Defendant's Motion to dismiss the superseding indictment: lack of nexus with interstate...

Examined by 452. U.S. v. Corum Apr. 17, 2003 Case 4 2003 WL 21010962, *3+ , D.Minn. 5 6 On June 25, 2002, a jury found defendant Gary S. Corum (“Corum”) guilty of three counts of S.Ct. intentionally obstructing or attempting to obstruct the free exercise of religious...

Examined by 453. U.S. v. Vardaro Sep. 05, 2008 Case 4 575 F.Supp.2d 1179, 1185+ , D.Mont. 5 6 CRIMINAL JUSTICE - Sex Offenders. Sex Offender Registration and Notification Act was valid exercise S.Ct. of Congressional power under Commerce Clause. Examined by June 11, 2008 Case 454. U.S. v. Waybright 2 4 561 F.Supp.2d 1154, 1160+ , D.Mont. 6 CRIMINAL JUSTICE - Sex Offenders. Statute S.Ct. requiring all sex offenders to register was not a valid exercise of Congress's power under the Commerce Clause.

Examined by 455. United States v. Nader Jan. 17, 2007 Case 1 2007 WL 9757821, *1+ , D.Mont. S.Ct. The Indictment in this case alleges that on or about January 29, 2003 in Billings, Montana Defendants Tina Michelle Nader and Marilyn Lake used a facility in interstate commerce, a...

Examined by 456. U.S. v. Rothacher July 18, 2006 Case 4 442 F.Supp.2d 999, 1001+ , D.Mont. 5 6 CRIMINAL JUSTICE - Indictment and Information. Indictment on federal charge of being a felon in S.Ct. possession of firearms did not infringe Montana's sovereignty.

Examined by 457. U.S. v. Buday Apr. 11, 2001 Case 2 138 F.Supp.2d 1282, 1287+ , D.Mont. 4 6 ENVIRONMENTAL LAW - Clean Water. United States had jurisdiction to prosecute for polluting S.Ct. tributary of navigable waterway.

Examined by 458. Gibbs v. Babbitt Dec. 21, 1998 Case 1 31 F.Supp.2d 531, 534+ , E.D.N.C. 4 6 Counties brought action against Department of Interior and Fish and Wildlife Service (FWS), S.Ct. alleging that federal government violated Tenth Amendment by restricting take of red...

Treatment Title Date Type Depth Headnote(s) Examined by Apr. 01, 1996 Case 459. Hoffman v. Hunt 2 4 923 F.Supp. 791, 795+ , W.D.N.C. 6 Antiabortion activists brought action seeking S.Ct. declaratory judgment that North Carolina statute prohibiting obstruction of health care facilities violated their First Amendment... Examined by Mar. 07, 1996 Case 460. Pierce v. King 1 4 918 F.Supp. 932, 938+ , E.D.N.C. 6 State inmate brought § 1983 action against prison S.Ct. officials alleging constitutional violations arising from his incarceration, and filed amended complaint alleging violation of...

Examined by 461. Minnesota ex rel. Hatch v. Hoeven June 08, 2005 Case 2 370 F.Supp.2d 960, 967+ , D.N.D. 4 6 GOVERNMENT - Licensing. Regulation of non- resident hunters did not violate Commerce Clause. S.Ct.

Examined by 462. U.S. v. Hallowell Aug. 28, 2008 Case 1 2008 WL 4093699, *4+ , D.Neb. 2 4 This matter is before the Court on the report and recommendation of the magistrate judge (Filing No. S.Ct. 19), which recommends that defendant's motion to dismiss indictment (Filing No....

Examined by 463. U.S. v. Oakley July 31, 2008 Case — 2008 WL 2986256, *11+ , D.Neb. This matter is before the Court on the Report and Recommendation (Filing No. 28) issued by Magistrate Judge F.A. Gossett recommending denial of the motion to dismiss or, in the...

Examined by 464. U.S. v. Craft Apr. 23, 2008 Case 2 2008 WL 1882904, *4+ , D.Neb. 4 6 In an indictment filed on December 11, 2007, the defendant, James Byron Craft, was charged with S.Ct. violating 18 U.S.C. § 2250(a). (See filing 1.) The defendant has moved to dismiss... Examined by May 02, 1997 Case 465. U.S. v. Wright 2 4 965 F.Supp. 1307, 1307+ , D.Neb. 5 Defendant moved to dismiss indictment charging S.Ct. crossing state line to violate protective order. The District Court, Shanahan, J., adopting report and recommendation of Thalken,... Examined by May 11, 2012 Case 466. United States v. Bellamy 1 2 2012 WL 12906170, *1+ , D.Nev. 4 On or about June 10, 2011, Defendant Brent S.Ct. Michael Bellamy robbed the AM/PM convenience store at 700 Keystone Avenue in Reno, Nevada. (Indictment 1, July 6, 2011, ECF No. 1)....

Examined by 467. U.S. v. Benevento Apr. 21, 2009 Case 1 633 F.Supp.2d 1170, 1180+ , D.Nev. 4 6 CRIMINAL JUSTICE - Sex Offenders. SORNA was facially constitutional. S.Ct.

Treatment Title Date Type Depth Headnote(s)

Examined by 468. U.S. v. Spinello May 01, 2000 Case 2 95 F.Supp.2d 242, 244+ , D.N.J. 4 6 CRIMINAL JUSTICE - Robbery. Federal bank robbery statute comported with Commerce Clause S.Ct. as applied to robbery of intrastate bank.

Examined by 469. United States v. DeLeon Jan. 21, 2020 Case 1 2020 WL 353856, *18+ , D.N.M. 2 6 THIS MATTER comes before the Court on: (i) Defendant Billy Garcia's Motion to Produce Post- S.Ct. Conviction Discovery and for In Camera Review, filed October 15, 2018 (Doc. 2416)(“B....

Examined by 470. United States v. Thomas Dec. 29, 2015 Case 1 2015 WL 13651103, *1+ , D.N.M. 4 6 THIS MATTER is before the Court on Defendant's Motion to Dismiss Indictment With Supporting S.Ct. Authorities [Doc. 114] and Final Motion to Dismiss Indictment with Supporting... Examined by May 30, 2018 Case 471. Zhang Jingrong v. Chinese Anti-Cult 1 2 World Alliance 4 314 F.Supp.3d 420, 432+ , E.D.N.Y. S.Ct. CIVIL RIGHTS — Religion. Congress had rational basis for concluding that FACEA, prohibiting intimidation at places of worship, could substantially affect interstate commerce.

Examined by 472. U.S. v. Brown Sep. 10, 2014 Case 1 2014 WL 4473372, *3+ , S.D.N.Y. 5 6 Defendant Antione Chambers moves to dismiss Count Three of the Second Superseding Indictment S.Ct. (the “Indictment”), which charges him with kidnapping in violation of 18 U.S.C. § 1201,...

Examined by 473. U.S. v. Ramos May 08, 2013 Case 1 2013 WL 1932110, *2+ , S.D.N.Y. 2 6 Defendants Anibal Soto (“Soto”) and Anibal Ramos (“Ramos”) (collectively, “Defendants”), along with S.Ct. eight other co-defendants are charged in various counts of a five-count Second...

Examined by 474. U.S. v. Deyoe Nov. 20, 2009 Case 4 2009 WL 4110440, *6+ , N.D.N.Y. 6 CRIMINAL JUSTICE - Sex Offenders. Defendant S.Ct. was required to register under SORNA despite living in jurisdictions that had not implemented the law.

Examined by 475. U.S. v. Heffelmire Oct. 22, 2009 Case 4 2009 WL 3459475, *5+ , N.D.N.Y. 6 CRIMINAL JUSTICE - Sex Offenses. Defendant S.Ct. was not entitled to relief on his claim that he was not subject to the Sex Offender Registration and Notification Act.

Examined by 476. U.S. v. O'Dell May 13, 2009 Case 1 2009 WL 1347141, *6+ , N.D.N.Y. 4 6 CRIMINAL JUSTICE - Sex Offenses. Sex Offender Registration and Notification Act (SORNA) applied S.Ct. to defendant even though state currently had not updated registries and procedures...

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Examined by 477. U.S. v. Barner Mar. 27, 2009 Case 4 635 F.Supp.2d 138, 146+ , N.D.N.Y. 6 CRIMINAL JUSTICE - Sex Offenders. Defendant S.Ct. had obligation to register or update registration under Sex Offender Registration and Notification Act. Examined by Oct. 17, 2008 Case 478. U.S. v. Guzman 2 4 582 F.Supp.2d 305, 309+ , N.D.N.Y. 6 CRIMINAL JUSTICE - Sex Offenders. SORNA's S.Ct. registration provision violated the Commerce Clause Examined by Aug. 08, 2008 Case 479. U.S. v. Van Buren, Jr. 2 4 2008 WL 3414012, *8+ , N.D.N.Y. 6 Defendant is charged in a one-count Indictment with S.Ct. failing to register as a sex offender in violation of 18 U.S.C. § 2250(a). Currently before the Court is Defendant's motion... Examined by Mar. 18, 2008 Case 480. U.S. v. Soliman 2 4 2008 WL 2690282, *4+ , W.D.N.Y. 6 This matter has been referred to the undersigned S.Ct. pursuant to 28 U.S.C. § 636(b)(1)(C) (Docket No. 7). The instant matter before the Court is a series of defense motions seeking...

Examined by 481. U.S. v. Brown Dec. 12, 2007 Case 4 2007 WL 4372829, *2+ , S.D.N.Y. 5 6 On May 30, 2007, Defendant was charged in a criminal information with violating 42 U.S.C. §§ S.Ct. 14072(g)(3) of the Pam Lychner Sexual Offender Tracking and Identification Act of 1996... Examined by Dec. 02, 2005 Case 482. City of New York v. Beretta U.S.A. Corp. 2 4 6 401 F.Supp.2d 244, 284+ , E.D.N.Y. S.Ct. PRODUCTS LIABILITY - Firearms. Protection of Lawful Commerce in Arms Act did not require dismissal of city's action against firearms manufacturers.

Examined by 483. U.S. v. Hancock Feb. 27, 2001 Case 2 132 F.Supp.2d 279, 280+ , S.D.N.Y. 4 6 CRIMINAL JUSTICE - Counterfeiting. Federal statute proscribing against possession of counterfeit S.Ct. State securities was constitutional. Examined by Feb. 08, 2001 Case 484. U.S. v. King 2 4 2001 WL 111278, *2+ , S.D.N.Y. 6 Defendant Eric King (''King'') has moved for an S.Ct. order dismissing the indictment, pursuant to Federal Rule of Criminal Procedure 12 and the Tenth Amendment of the United States...

Treatment Title Date Type Depth Headnote(s)

Examined by 485. U.S. v. Quintana Dec. 19, 2000 Case 2 2000 WL 1855130, *1+ , S.D.N.Y. 4 6 Defendant David Quintana moves to dismiss the indictment charging him with possession of firearms S.Ct. in violation of 18 U.S.C. §§ 922(g)(1) and 922(k) (1994), on the ground that these...

Examined by 486. U.S. v. Griffith Sep. 05, 2000 Case 2 2000 WL 1253265, *7+ , S.D.N.Y. 4 6 Pursuant to 18 U.S.C. §§ 2421–2423 (''The Mann Act''), defendants Anthony and Christopher Griffith S.Ct. were charged with a single conspiracy count and seven substantive counts. The... Examined by July 27, 1999 Case 487. Krantz v. U.S. 4 6 1999 WL 557524, *5+ , E.D.N.Y. S.Ct. Following a 1996 jury trial, Howard Krantz was convicted of, inter alia, aiding and abetting the murder-for-hire of Valerie Vassell. Pursuant to 28 U.S.C. § 2255, Krantz now... Examined by Apr. 13, 1999 Case 488. Ericson v. Syracuse University 2 4 45 F.Supp.2d 344, 347+ , S.D.N.Y. 6 In case involving Violence Against Women Act S.Ct. (VAWA), the District Court, Rakoff, J., held that Subtitle C of VAWA, which entitles any person injured by gender-motivated crime of...

Examined by 489. U.S. v. Roberts Nov. 04, 1998 Case 4 28 F.Supp.2d 741, 743+ , E.D.N.Y. 5 6 Defendant moved to dismiss indictment charging him with violating statute prohibiting bribery of S.Ct. official of local government agency which receives funds under a federal program....

Examined by 490. U.S. v. O'Higgins Oct. 06, 1998 Case 2 55 F.Supp.2d 172, 174+ , S.D.N.Y. 4 6 Defendant was indicted for theft of object of cultural heritage from museum. Defendant moved to S.Ct. dismiss indictment. The District Court, Robert P. Patterson, Jr., J., held that...

Examined by 491. U.S. v. Riley Nov. 24, 1997 Case 2 985 F.Supp. 405, 405+ , S.D.N.Y. 4 6 Defendant charged with “status murder” filed motion to dismiss indictment on Commerce Clause S.Ct. grounds. The District Court, Kimba M. Wood, J., held that prohibition on “status...

Examined by 492. U.S. v. Windley July 31, 1997 Case 2 1997 WL 431129, *1+ , S.D.N.Y. 4 6 Defendant Tony Windley (''Windley'') moves to dismiss the Indictment against him pursuant S.Ct. to Federal Rule of Criminal Procedure (''Fed.R.Crim.P.'') 12(b) on the grounds that...

Treatment Title Date Type Depth Headnote(s)

Examined by 493. U.S. v. Weslin May 06, 1997 Case 2 964 F.Supp. 83, 89+ , W.D.N.Y. 4 6 Defendant was charged with violating Freedom of Access to Clinic Entrances Act (FACE). He moved S.Ct. to dismiss information on ground that FACE was unconstitutional. The District... Examined by Jan. 17, 1997 Case 494. U.S. v. Gluzman 2 4 953 F.Supp. 84, 88+ , S.D.N.Y. 6 Defendant who was indicted for conspiring to S.Ct. commit interstate domestic violence and for committing interstate domestic violence moved to dismiss indictment on ground that Congress... Examined by Dec. 09, 1996 Case 495. U.S. v. Paredes 3 4 950 F.Supp. 584, 588+ , S.D.N.Y. S.Ct. Defendant was indicted for violating federal murder- for-hire statute and being felon in possession of ammunition. On defendant's motion to dismiss, the District Court,...

Examined by 496. Murphy v. U.S. Nov. 19, 1996 Case 4 1996 WL 684425, *1+ , E.D.N.Y. 5 6 Petitioner Heath Murphy brings this motion pro se pursuant to the federal habeas corpus statute, S.Ct. 28 U.S.C. §2255, in order to vacate, set aside, or correct his criminal conviction... Examined by Sep. 23, 1996 Case 497. Cooper Industries, Inc. v. Agway, Inc. 4 5 6 1996 WL 550128, *10+ , N.D.N.Y. S.Ct. This is a CERCLA case. The plaintiffs, COOPER INDUSTRIES, INC.; KEYSTONE CONSOLIDATED INDUSTRIES, INC.; THE MONARCH MACHINE TOOL CO.; NIAGARA MOHAWK POWER CORPORATION; ... Examined by Sep. 06, 1996 Case 498. U.S. v. Perez 2 4 940 F.Supp. 540, 543+ , S.D.N.Y. 6 Defendants moved to dismiss indictment charging S.Ct. them with Racketeering Influenced and Corrupt Organizations (RICO) violations predicated on murder, murder and conspiracy to commit...

Examined by 499. U.S. v. Mapp Sep. 03, 1996 Case 4 1996 WL 506933, *6+ , E.D.N.Y. S.Ct. The defendants John Mapp (''Mapp'') and Kevin Moore (Moore) have been charged in a thirteen- count superseding indictment alleging that over a two-year period, Mapp and Moore were...

Examined by 500. U.S. v. Nichols May 31, 1996 Case 2 928 F.Supp. 302, 305+ , S.D.N.Y. 4 5 Defendant was charged with violation of Child Support Recovery Act (CSRA), for failing to pay S.Ct. support obligation for child who resided in other state, and defendant moved to...