Sunday, March 25, 2012

United States v. Morrison case brief

 Morrison (2000)
  • Violence Against Women Act struck down
  • struck down b/c
    • gender motivated crimes not economic;
    • no jurisdictional hook
    • effects of gender motivated violence on interstate commerce too attenuated
  • statute did not regulated activity that substantially affected interstate commerce nor did it redress a harm caused by the state
  • slippery slope: if gender violence affects interstate commerce, surely violence as a whole has a greater effect – do we want Congress regulating that?
  • Congress tried to make it an anti-discrimination statute by focusing on gender law, tried to model on Heart of Atlanta
  • Court moving away from standards (substantial relationship) to formal categories (activity must be economic)

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