Supreme Court of the United States
United States v. Morrison — Breyer, J., Dissenting
May 15, 2000529 U.S. 598
Summary
Justice Breyer dissents, arguing that gender-motivated violence substantially affects interstate commerce through aggregation and documented legislative findings, and that judicial limits on the Commerce Clause are unworkable; he concludes that Congress also had power under §5 of the Fourteenth Amendment to remedy failures in state systems. Justice Souter joined the dissent in part and filed a separate opinion emphasizing the robust legislative record. Justice Thomas concurred in the judgment but criticized the substantial effects test as inconsistent with original understanding.
Docket 99-5
Cited authorities
- 21 U.S.C. § 801
- 18 U.S.C. § 2261
- 18 U.S.C. §228
- 100 Colum. L. Rev. 215
- Pub. L. 104-4, 109
- 42 U.S.C. § 7543
- 33 U.S.C. § 1251
- 42 U.S.C. § 13981