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Alderman v. United States

Certiorari Denied

Petition for certiorari denied on January 10, 2011.

Docket No.09-1555
Op. Below9th Circuit

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.

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