http://www.scotusblog.com/2006/01/a-big-term-for-as-applied-challenges/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2006/01/a-big-term-for-as-applied-challenges/#comment-8685 Sam B. Mon, 23 Jan 2006 22:16:56 +0000 http://www.scotusblog.com/wp/uncategorized/a-big-term-for-as-applied-challenges/#comment-8685 I've always thought this problem was overstated. One reason why a statute might be valid Section 5 legislation as applied to a particular case, for example, might be because Congress had prophylactic power to reach the entire class of cases of which it was a part. That's Lane. Simularly, one reason why a statute might be valid Commerce Clause legislation as applied to a particular case might be because reaching that case was an administratively useful part of a broader regulation of commerce. That's Raich. I’ve always thought this problem was overstated. One reason why a statute might be valid Section 5 legislation as applied to a particular case, for example, might be because Congress had prophylactic power to reach the entire class of cases of which it was a part. That’s Lane. Simularly, one reason why a statute might be valid Commerce Clause legislation as applied to a particular case might be because reaching that case was an administratively useful part of a broader regulation of commerce. That’s Raich.

]]> http://www.scotusblog.com/2006/01/a-big-term-for-as-applied-challenges/#comment-8684 Kevin Russell Mon, 23 Jan 2006 19:20:07 +0000 http://www.scotusblog.com/wp/uncategorized/a-big-term-for-as-applied-challenges/#comment-8684 If the Court does continue does this road, it will be interesting to see whether, and if so how, they modify the substantive constitutional tests applied in these areas. One of the reasons people thought as-applied doesn't apply in this area is that the constitutional test for valid commerce clause or 14th amendment legislation is ill-suited to an as-applied analysis. When you have a test that requires a "substantial" connection to interstate commerce or an adequate record of unconstitutional state conduct to support prophylactic 14th Amendment legislation, it becomes increasingly difficult to satisfy the test the more finely you parse the category to which the as-applied analysis is undertaken (e.g., you have to show that there is a history of discrimination in the administration of prison libraries rather than a history of government discrimination against people with disabilities in general). If the Court does continue does this road, it will be interesting to see whether, and if so how, they modify the substantive constitutional tests applied in these areas. One of the reasons people thought as-applied doesn’t apply in this area is that the constitutional test for valid commerce clause or 14th amendment legislation is ill-suited to an as-applied analysis. When you have a test that requires a “substantial” connection to interstate commerce or an adequate record of unconstitutional state conduct to support prophylactic 14th Amendment legislation, it becomes increasingly difficult to satisfy the test the more finely you parse the category to which the as-applied analysis is undertaken (e.g., you have to show that there is a history of discrimination in the administration of prison libraries rather than a history of government discrimination against people with disabilities in general).

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