Rajah Baylor v United States of America

Brief for the Center for Constitutional Jurisprudence, The Cato Institute, & the Goldwater Institute as Amici Curiae in Support of Petitioner

more+
less-

The Hobbs Act is an anti-racketeering law Congress passed in 1946 to allow federal prosecution of extortion and robbery that impedes the flow of commerce across state lines. Today, the Act is used to prosecute local robberies having no more than a de minimis effect on interstate commerce. In this case, for example, the defendant robbed a Cleveland-area pizzeria of $538. The Sixth Circuit held that the Commerce Clause permitted this prosecution because the pizzeria obtained its flour, sauce, and cheese from various states outside Ohio. Cato's brief, joined by the Center for Constitutional Jurisprudence and the Goldwater Institute, argues that it is unconstitutional to federally prosecute robberies with such an attenuated effect on interstate commerce. Doing so destroys the line between the States' power to punish violent crime and Congress's power to regulate interstate markets. In addition, this sweeping application of the Hobbs Act is inconsistent with congressional intent and contrary to constitutional clear-statement rules designed to protect federalism and avoid unnecessary constitutional adjudication.

This is the Amici Curiae Brief filed with the US Supreme Court.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Cato Institute on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×