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People v. Madera (Part I)

By Corey Rayburnyung

Some of you might remember an AWA case in Florida that I blogged about some time ago: People v. Madera.  At the time, I remarked that, "I think to ignore Morrison and Lopez in its analysis puts the opinion on shaky ground."  That proposition will be tested on April 10 when the appeal is being argued before the 11th Circuit.  I think this case could make its way to the USSC (unless the Court decides to wait for a circuit split to form) because the statute really puts to the test substantial commerce clause questions.  I'm going to do a 3-part series on the briefs in the case on today, tomorrow, and Wednesday.  My focus will primarily be on the commerce clause arguments even though there are a lot of other interesting issues being litigated...continue to full post

Full post as published by Sex Crimes on March 17, 2008 (boomark / email).