(The Volokh Conspiracy) - This morning the Supreme Court handed down its opinion in United States v. Comstock, a challenge to the federal government's authority to civilly commit a "sexually dangerous" federal prisoner beyond the time of his sentence. The U.S. Court of Appeals for the Fourth Circuit held that the federal government lacked such authority within its enumerated powers. The Supreme Court disagreed, voting 7–2 to uphold the federal government's commitment power under the Necessary & Proper Clause.
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Monday, May 17, 2010
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