No. 18-6854
Matthew Lane Durham v. United States
Response WaivedIFP
Tags: commerce-clause congressional-power enumerated-powers extraterritorial-jurisdiction foreign-commerce-clause jurisdictional-limits minor-protection noncommercial-activity noneconomic-activity sexual-acts sexual-conduct statutory-interpretation
Latest Conference:
2019-01-04
Question Presented (from Petition)
Did Congress exceed its enumerated powers under the Foreign Commerce Clause by punishing noncommercial, noneconomic sexual acts committed by a U.S. citizen against a minor within another nation's sovereign territory via 18 U.S.C. § 2423 (c) and (f)(1), when the U.S. citizen did not travel there with the intent to engage in illicit sexual conduct?
Question Presented (AI Summary)
Did Congress exceed its enumerated powers under the Foreign Commerce Clause by punishing noncommercial, noneconomic sexual acts committed by a U.S. citizen against a minor within another nation's sovereign territory via 18 U.S.C. § 2423(c) and (f)(1), when the U.S. citizen did not travel there with the intent to engage in illicit sexual conduct?
Docket Entries
2019-01-07
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Waiver of right of respondent United States to respond filed.
2018-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)
Attorneys
Matthew Lane Durham
Stephen Jones — Jones, Otjen & Davis, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent