United States Eighth Circuit

District court judgment granting defendant's motion to dismiss petition having have him civilly committed as a sexually dangerous person is reversed where: 1) the court erred in finding the 18 U.S.C. sec. 4248 (the Adam Walsh Act) was an unconstitutional exercise of Congress's powers under the Commerce Clause, as Congress is empowered by the Commerce Clause to criminalize and punish the conduct of which defendant is guilty and has the ancillary authority under the Necessary and Proper Clause to provide for defendant's civil commitment; and 2) 18 U.S.C. sec. 4248 does not upset the delicate federal state balance mandated by the Constitution.

Appellate Information

• Decided 05/13/2009
• Published 05/13/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark B. Stern, argued, Mark B. Stern and Samantha Lee Chaifetz, on the brief, Washington, DC, for appellant.


• For Appellees:
  
• Caroline Durham, AFPD, argued, Caroline Durham, AFPD and Katherine M. Menendez, AFPD, on the brief, Minneapolis, MN, for appellee.