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UNITED STATES v. COMSTOCK

Docket No.: 08-1224
Certiorari Granted: Apr 3 2009
Argued: January 12, 2010
Decided: May 17, 2010

Topics:

Adam Walsh Protection and Safety Act; U.S. Constitution: Article I, Section 8, Article I, Article I of the Constitution, Commerce Clause, Double Jeopardy, Due Process, Eighth Amendment, Federalism, Fifteenth Amendment, Necessary and Proper, Tenth Amendment, immigration, judicial review, murder

PartyNames: United States v. Graydon Earl Comstock, Jr., et al.
Petitioner: United States
Respondent: Graydon Earl Comstock, Jr., et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 551 F.3d 274

United States
v.
Graydon Earl Comstock, Jr., et al.
Question Presented:

Whether Congress had the constitutional authority to enact 18 U.S.C. 4248, which authorizes court-ordered civil commitment by the federal government of (1) "sexually dangerous" persons who are already in the custody of the Bureau of Prisons, but who are coming to the end of their federal prison sentences, and (2) "sexually dangerous" persons who are in the custody of the Attorney General because they have been found mentally incompetent to stand trial.

Question:

Did Congress have the constitutional authority to enact the Adam Walsh Protection and Safety Act?

UNITED STATES v. COMSTOCK
ORAL ARGUMENT

January 12, 2010

Holding: reversed and remanded
Vote: 7-2
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