United States v. Rhonda Anne McCoy

My colleagues have finessed an unavoidable issue in this case: whether 18 U.S.C. § 2252(a)(4)(B) is unconstitutional on its face. They have attempted to restrict their holding to McCoy and to others “similarly situated,” but it is not clear to me that the law permits such a limitation. I so conclude because McCoy’s conduct clearly falls within the language of the statute, and because the Supreme Court appears under such circumstances to have ruled out “as applied” challenges in Commerce Clause cases. In my view, if the conduct under review falls within the plain language of the statute,…