Note sull'episodio
United States v. Morrison, 529 U.S. 598 (2000)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/028-united-states-v-morrison
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep529/usrep529598/usrep529598.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
Christy Brzonkala, a student at Virginia Tech, said two football players, Antonio Morrison and James Crawford, raped her in 1994. A university disciplinary process went nowhere for her in the end, and no criminal charges were brought. She sued under a provision of the Violence Against Women Act that gave victims of gender-motivated violence a federal civil remedy.
Chief Justice Rehnquist, for a five-to-four majority, held that Congress lacked power to enact the provision. Under the Commerce Clause, gender-motivated violence is not economic activity, no matter how large its aggregate effects, and accepting that reasoning would leave nothing reserved to the states. Under Section five of the Fourteenth Amendment, Congress can reach state action, not private conduct.
Justice Thomas concurred to repeat his attack on the substantial-effects test. Justices Souter and Breyer dissented, arguing that Congress had built a mountainous factual record of national economic harm.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Civil Rights Cases, 109 U.S. 3 (1888) [as printed: Civil Rights Cases, 109 U. S. 3 (1883); Dissent (Justice Breyer)] episode
- United States v. Harris, 106 U.S. 629 (1883) [as printed: United States v. Harris, 106 U. S. 629 (1883); Dissent (Justice Breyer)] (episode link pending)
- United States v. Lopez, 514 U.S. 549 (1995) [as printed: United States v. Lopez, 514 U. S. 549 (1995); Dissent (Justice Souter)] episode
- Marbury v. Madison, 1 Cranch 137 (1803) [as printed: Marbury v. Madison, 1 Cranch 137 (1803); Dissent (Justice Souter)] (episode link pending)
- NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) [as printed: NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1 (1937); Dissent (Justice Souter)] episode
- Perez v. United States, 402 U.S. 146 (1971) [as printed: Perez, supra; Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- Inc. v. United States, 379 U.S. 241 (1964) (upholding civil rights laws forbidding discrimination at local motels) [as printed: Inc. v. United States, 379 U. S. 241 (1964) (upholding civil rights laws forbidding discrimination at local motels); Dissent (Justice Breyer)] episode
- United States v. Darby, 312 U.S. 100 (1941) at 114 [as printed: United States v. Darby, 312 U. S. 100, 114 (1941); Opinion of the Court (Chief Justice Rehnquist)] episode
- Shreveport Rate Cases, 234 U.S. 342 (1914) [as printed: Shreveport Rate Cases, 234 U. S. 342 (1914); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
- Southern R. Co. v. United States, 222 U.S. 20 (1911) [as printed: Southern R. Co. v. United States, 222 U. S. 20 (1911); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending)
(+45 more named aloud; see the website)
Full list of 242 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/028-united-states-v-morrison