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

Summary

Justice Souter, dissenting, argues the Civil Rights Remedy of the Violence Against Women Act lies within Congress's Commerce Clause power given the extensive legislative record showing a substantial aggregate effect on interstate commerce. He criticizes the majority for resurrecting formalistic categorical limits between commercial and noncommercial activity and disregarding rational basis judicial. Justice Breyer, dissenting in part, emphasizes the difficulty of applying an economic/noneconomic distinction and notes Congress's procedural protections for federalism.