No. 25-5704

Jeanie Reese v. Select Portfolio Servicing, Inc., et al.

Lower Court: California
Docketed: 2025-09-24
Status: Rehearing
Type: IFP
Response WaivedRelisted (3)IFP
Tags: aggregate-effects child-pornography commerce-clause constitutional-authority federal-prosecution interstate-commerce
Latest Conference: 2026-04-17 (distributed 3 times)
Question Presented (from Petition)

1. 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?

2. 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?

2L. Does. -Congr~e.s.s ...have, the—Cons-ti-tutional -authori-t-y to- -regul-ate
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)?

4. Under Title 18, -U.S.C. § 2251(a), is there proper Fair Notice,
as set forth by this Court in Fasulo y United States , 272 U.S.
620 (1926); that a crime of purely intrastate production of a
minor engaging in sexually explicit conduct, of child
pornography, was defined by Congress as a federal criminal
offense?

5. Are the Congressional Findings of the "Child Pornography
Per-vent ion 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?

6. Does anonymously entering in-to the online content of child
pornography, and the receipt and possession of Images that are
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, and thus
Congress' Constitutional authority "to regulate commerce with
foreign nations, and among the several states, and with the
Indian tribes."?

Question Presented (AI Summary)

Does the 'Aggregate Effects' doctrine under Gonzales v. Raich expand federal prosecution powers beyond the original constitutional limits of the Commerce Clause, particularly in cases involving intrastate internet content and child pornography?

Docket Entries

2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-02-19
Petition for Rehearing filed.
2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2025-12-17
Petitioner complied with order of November 10, 2025.
2025-12-05
Application (25A664) granted by Justice Kagan extending the time to file until December 20, 2025.
2025-12-01
Application (25A664) for an extension of time within which to comply with the order of November 10, 2025, submitted to Justice Kagan.
2025-11-10
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 1, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-10-23
DISTRIBUTED for Conference of 11/7/2025.
2025-10-14
Waiver of Select Portfolio Servicing, Inc., et al. of right to respond submitted.
2025-10-14
Waiver of right of respondent Select Portfolio Servicing, Inc., et al. to respond filed.
2025-08-27
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
2025-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2025)

Attorneys

Jeanie Reese
Jeanie Reese — Petitioner
Michael Paul Martin
Michael Paul Martin — Petitioner
Select Portfolio Servicing, Inc., et al.
Robert M. DatoBuchalter, APC, Respondent