No. 24-7110

In Re Phillip James Colwell

Lower Court: N/A
Docketed: 2025-05-01
Status: Denied
Type: IFP
IFP
Tags: child-pornography-prevention commerce-clause constitutional-authority fair-notice federal-prosecution interstate-commerce
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-05-22
Question Presented (AI Summary)

Does the 'Aggregate Effects' doctrine under Gonzales v Raich expand federal prosecution powers beyond constitutional Commerce Clause limits, and can Congress regulate purely intrastate internet content without economic impact?

Question Presented (OCR Extract)

Does the "Aggregate Effects" doctrine under Gonzales v Raich , 545 US 1 (2005) expand federal prosecution powers beyond the original limits designated by the United States Constitution under the Commerce Clause? Have the Lower Courts misapplied the "Aggregate Effects" doctrine under Gonzales v Raich , to 18 U.S.C. § 2251(a), where intrastate challenges by Gonzales v Raich and other case law were denied relief where the statute specifically mentions intrastate activities, such as the Controlled Substances Act in Gonzales v Raich ? Does Congress have the Constitutional authority to regulate purely intrastate activity including widely available internet content when there is no economic impact, under a standard set by this Court in United States v Morrison , 528 US 598 (2000)? Under Title 18, U.S.C. § 2251(a), is there proper Fair Notice, as set forth by this Court in Fasulo v United States . 272 U.S. 620 (1926); that a crime of purely intrastate production of a minor engaging in sexually explicit conduct, or child pornography, was defined by Congress as a federal criminal offense? Are the Congressional Findings of the "Child Pornography Pervention Act" of 2006 accurate today as to online content freely available and anonymously, since technology has advanced, and there is no economic nexis for^receipt or possession? Does anonymously entering into the online content of child1. 2. 3. 4. 5. 6. 8 pornography, and the reciept and possession of images that widely available for free with the click of a mouse, meet the definition of commerce: buying, selling, bartering or trading, or does it have any economic impact upon any market? Where does the trail of Interstate Commerce end Congress* Constitutional authority "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."?are 7.and thus 9

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-04-23

Attorneys

Colwell, In Re Phillip J.
Phillip James Colwell — Petitioner
Phillip James Colwell — Petitioner