David M. Travis v. Janet Reno, Attorney General of the United States, and United States of America

EASTERBROOK, Circuit Judge.

This case poses the question whether Congress has the power to enact the Driver’s Privacy Protection Act, 18 U.S.C. §§ 2721-25, which regulates disclosures of the information that states maintain in drivers’ records. The district court held that the Act exceeds Congress’ authority under the commerce clause (read in light of the tenth amendment) because the Act commandeers states to do the national government’s bidding. 12 F.Supp.2d 921 (W.D.Wis.1998). After the district court released its opinion, the fourth circuit concluded that the Act is unconstitutional because…