Legal Commentary

4th Circuit Strikes Down Statute on Indefinite Civil Commitment of Sex Offenders

By Jeralyn

In a unanimous panel decision, the Fourth Circuit Court of Appeals struck down 18 U.S.C. 4248, which authorized the indefinite civil commitment of individuals whom the Bureau of Prisons deemed "sexually dangerous." The appeals court relied heavily on United States v. Morrison and United States v. Lopez, and upheld the district court ruling which stated that Congress lacked the enumerated power to encroach on the general mental health and police powers reserved to the states.

After carefully considering the Government’s arguments, we conclude, for the reasons set forth below, that § 4248 does indeed lie beyond the scope of Congress’s authority. The Constitution does not empower the federal government to confine a person solely because of asserted "sexual dangerousness" when the Government need not allege (let alone prove) that this "dangerousness" violates any federal law. We therefore affirm the judgment of the district court.

The opinion (available here (pdf)) represents the first circuit court opinion to rule on the constitutionality of 18 U.S.C. 4248. District courts addressing it have been divided.

Congrats to the Federal Defenders in Raleigh, NC who presented the successful challenge.

Full post as published by TalkLeft on January 08, 2009 (boomark / email).