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: How Appealing

"We cannot envision, after Raich, a circumstance under which an as-applied Commerce Clause challenge to a charge of child-pornography possession or production would be successful."

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"We cannot envision, after Raich, a circumstance under which an as-applied Commerce Clause challenge to a charge of child-pornography possession or production would be successful." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a ruling issued today. The ruling rejects a criminal defendant's argument that "his wholly intrastate, homemade child pornography falls outside the purview of congressional legislative power."

Full post as published by How Appealing on February 08, 2010 (boomark / email).

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