United States First Circuit

District court's holding that Congress lacked constitutional authority to enact a provision under the Adam Walsh Child Protection and Safety Act, which allows for the civil commitment of a sexually dangerous person already in federal criminal custody in lieu of release upon service of full sentence, is reversed and remanded as the provision comes within the legitimate scope of congressional power conferred by the Necessary and Proper Clause of the federal Constitution.

Appellate Information

• Decided 01/08/2010
• Published 01/08/2010

Judges

• SELYA, Circuit Judge., Before BOUDIN and SELYA, Circuit Judges, and LaPLANTE,District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Samantha L. Chaifetz, Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, Beth S. Brinkmann, Deputy Assistant Attorney General, and Mark B. Stern, Attorney, Appellate Staff, were on brief, for appellant.


• For Appellees:
  
• Judith H. Mizner, Assistant Federal Public Defender, for appellee.