Legal Opinion

United States v. Allan A. Mussari, United States of America v. Donald W. Schroeder

Court of Appeals for the Ninth Circuit

Decided September 5, 1996No. 95-10479, 95-10513PublishedCited by 56 opinions

1Opinion of the Court

NOONAN, Circuit Judge:

The United States appeals the dismissal of indictments charging Donald W. Schroeder and Allan A. Mussari with violations of the Child Support Recovery Act of 1992, 18 U.S.C. § 228 (the CSRA). The eases, which have been consolidated on this appeal, present the question of whether Congress has power under the Commerce Clause to enact the statute. In thoughtful opinions the district court held that it did not. We come to the contrary conclusion and accordingly reverse and remand.

THE STATUTE

The text of the Child Support Recovery Act of 1992 states:(a) Offense. — Whoever…

2Cases cited13 opinions

  1. United States v. LopezSupreme Court of the United States · 1995
  2. Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
  3. New York v. United StatesSupreme Court of the United States · 1992
  4. Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
  5. United States v. Samuel D. SageCourt of Appeals for the Second Circuit · 1996

8 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Frank P. Bongiorno, United States of America v. Frank P. BongiornoCourt of Appeals for the First Circuit · 1997
  3. Treasurer of New Jersey v. United States Department of the TreasuryCourt of Appeals for the Third Circuit · 2012
  4. United States v. Carlton E. WilsonCourt of Appeals for the Seventh Circuit · 1998
  5. United States v. Michael Charles JonesCourt of Appeals for the Ninth Circuit · 2000

51 more not listed; retrieve them via the Exa API.

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