Legal Opinion
United States v. Comstock
Court of Appeals for the Fourth Circuit
Decided January 8, 2009No. 07-7671, 07-7672, 07-7673, 07-7674, 07-7675PublishedCited by 37 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge AGEE and Senior Judge CACHERIS joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This case presents the question of whether a newly-enacted federal statute— 18 U.S.C. § 4248 (2006) — lies within Congress’s power. Section 4248 purports to allow the federal government to place in indefinite civil commitment “sexually dangerous” persons, granting the federal government unprecedented authority over civil commitment — an area long controlled by the states. The district court held that § 4248 exceeds the limits of…
2Cases cited22 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- United States v. LopezSupreme Court of the United States · 1995
- Kansas v. HendricksSupreme Court of the United States · 1997
- United States v. MorrisonSupreme Court of the United States · 2000
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. ComstockSupreme Court of the United States · 2010
- Timms v. JohnsCourt of Appeals for the Fourth Circuit · 2010
- United States v. ComstockCourt of Appeals for the Fourth Circuit · 2010
- United States v. VolungusCourt of Appeals for the First Circuit · 2010
- United States v. CartaCourt of Appeals for the First Circuit · 2010
32 more not listed; retrieve them via the Exa API.