United States v. Morrison — Breyer, J., Dissenting

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.