Whether a facial constitutional challenge to a criminal statute under the Commerce Clause can be brought by post-trial motion under Federal Rule of Criminal Procedure 12

QUESTION PRESENTED Under Federal Rule of Criminal Procedure 12, certain arguments—including those alleging “a defect in the indictment”—“must be raised by pretrial motion,” or the argument “is untimely.” Fed. R. Crim. P. 12(b)(83), (c)(3). In contrast, “[a] motion that the court lacks jurisdiction may be made at any time.” Fed. R. Crim. P. 12(b)(2). The question presented is: Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of conviction under the Commerce Clause by filing a post-trial motion rather than a pretrial motion.