No. 19-7486

Michael Lindsay v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2423c commerce-clause congressional-power constitutional-safeguards due-process extraterritorial-jurisdiction extraterritorial-regulation foreign-commerce foreign-commerce-clause non-commercial-conduct police-power united-states-v-lopez united-states-v-morrison
Key Terms:
SocialSecurity Securities Immigration Patent
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Does 18 U.S.C. § 2423(c)'s regulation of non-commercial, non-economic conduct of American citizens outside the United States exceed Congress's Foreign Commerce Clause power?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has well-settled that the Commerce Clause gives Congress no general police power over non-commercial, non-economic conduct. See United States v. Lopez, 514 U.S. 549, 567-68 (1995); United States v. Morrison, 529 U.S. 598, 617-18 (2000). The question before this Court is whether constitutional safeguards limiting Congress from exercising general police power apply to conduct outside the United States: Does 18 U.S.C. § 2423(c)’s regulation of non-commercial, non-economic conduct of American citizens outside the United States exceed Congress’s Foreign Commerce Clause power? i

Docket Entries

2020-03-02
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-10
Waiver of right of respondent United States to respond filed.
2020-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2020)

Attorneys

Michael Lindsay
Ethan Atticus BaloghColeman & Balogh LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent