In order to convict a defendant of robbery of a local business establishment under the Hobbs Act, must the prosecution prove beyond a reasonable doubt that the robbery itself substantially affected interstate commerce without considering the 'aggregate' effect on interstate commerce of countless other, unspecified robberies of similar business establishments?
Petitioner and an accomplice were convicted of robbery of a Waffle House restaurant under the Hobbs Act, 18 U.S.C. § 1951(a), and convicted of using a firearm in relation to that robbery, in violation of 18 U.S.C. § 924(c). During that robbery, petitioner and his accomplice took less than $100 in cash from the cash register and a restaurant em-ployee’s cellular phone worth $130. Although the plea agreement stipulated to an element of § 1951(a) – that the robbery of the Waffle House “affect[ed]” interstate commerce in an unspecified manner – the evidence in petitioner’s case indisputably shows that the robbery did not in any way affect any channel or instrumentality of interstate commerce or the interstate movement of money or goods. Instead, the robbery merely involved a brief, localized act of threatened violence and petty theft, which by it self did not substantially affect interstate commerce. The questions presented in this case are: I. In order to convict a defendant of robbery of a local business establishment under the Hobbs Act, must the prosecution prove beyond a reasonable doubt that the robbery itself substantially affected interstate commerce – without considering the “aggregate” effect on interstate commerce of countless other, unspecified robberies of similar business es-tablishments? This Court reserved this question in Taylor v. United States, 579 U.S. 301, 310 (2016). II. Should this Court reconsider its precedent broadly interpreting Article I, § 8, Clause 3 of the U.S. Constitution, as applied to congressional regulation of intrastate activities that do not affect the instrumentali-ties or channels of interstate commerce, to reflect the intent of the Framers of the Constitution?