United States v. Hill

OPINION

John A. Gibney, Jr., United States District Judge

Does a hate crime committed within one state, at one location, using only fists, affect interstate commerce? Is prosecuting that hate crime in the public interest and necessary to secure substantial justice? The defendant, James William Hill, III, raises these questions in his challenge to an indictment charging him with violating the Matthew Shepard-James Byrd, Jr. Hate Crimes Prevention Act (the “HCPA” or the “Act”).

To the naked eye, it may appear that the federal government can regulate and criminalize anything it wants to. The…