Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Alderman v. United States

Petition for certiorari denied on January 10, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
09-1555 9th Cir. N/A N/A N/A N/A OT 2010

Issue: Whether Scarborough v. United States (1977) recognizes a distinct Commerce Clause authority, beyond the three categories recognized in United States v. Lopez (1995), United States v. Morrison (2000), and Gonzales v. Raich (2005), such that a federal statute which “cannot be justified as a regulation of the channels of commerce, as a protection of the instrumentalities of commerce, or as a regulation of intrastate activity that substantially affects interstate commerce,” may be sustained based on a “minimal nexus” between the activity regulated and interstate commerce.

Briefs and Documents

Certiorari-stage documents

 
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