No. 23-5511

Jay F. Elhage v. United States

Lower Court: Second Circuit
Docketed: 2023-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause congressional-power constitutional-interpretation criminal-jurisdiction criminal-law due-process enumerated-powers federal-prosecution federalism legislative-authority state-prosecution
Key Terms:
Arbitration SocialSecurity Securities Immigration
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether Congress has authority to criminally punish under the Commerce Clause

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, despite years of Commerce Clause jurisprudence, the Court should now hold that Congress has no authority to criminally punish under the Commerce Clause, in that the Constitution specifies only certain crimes the Legislature is authorized to punish, leaving this case to State prosecution if criminal punishment is to be imposed. i

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
Waiver of right of respondent United States to respond filed.
2023-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2023)

Attorneys

Jay Elhage
Vivian ShevitzVivian Shevitz, Attorney at Law, Petitioner
Vivian ShevitzVivian Shevitz, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent