Cedrick B. Alderman v. United States — Thomas, J., dissenting

Summary

Justice Thomas dissents from the denial of certiorari, arguing that lower courts are improperly relying on Scarborough v. United States to uphold 18 U.S.C. § 931(a) without applying Lopez’s Commerce Clause test. He warns this reading allows Congress to regulate any item once sold in commerce, undermining state police powers. He would grant certiorari to clarify the framework.