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Kerr on Comstock

By Corey Rayburnyung

Orin Kerr at Volokh Conspiracy actually attended the Comstock argument and had these thoughts about how things went:Just based on my recollections of the argument, I thought SG Kagan made a much broader Commerce Clause argument at oral argument than was made in the Government?s brief. Indeed, her argument struck me as sort of shockingly broad: She argued that the Constitution gives the federal government the general power ?to run a responsible criminal justice system,? and that anything Congress plausibly thought a part of running a ?responsible criminal justice system? was within the scope of federal power. Justice Scalia would have none of it, as you might imagine, but I couldn?t tell if he had any other votes. My guess from the argument is that the Court will uphold the statute on the narrower grounds offered by the Government?s brief...continue to full post

Full post as published by Sex Crimes on January 12, 2010 (boomark / email).