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UNITED STATES V. MORRISON: THE SUPREME COURT DECLARES 42 U.S.C. 13981 UNCONSTITUTIONAL (CRS Report for Congress)

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Release Date May 22, 2000
Report Number RS20584
Report Type Report
Authors T.J. Halstead, American Law Division
Source Agency Congressional Research Service
Summary:

In United States v. Morrison , the Supreme Court considered the constitutionality of 42 U.S.C. Section 13981, which provided a federal civil cause of action to any victim of gender-motivated violence. Analyzing Section 13981 according to the framework delineated in United States v. Lopez , the Court held that gender motivated violence is not a commercial activity and is not substantially connected to interstate commerce, rendering the statute invalid under the Commerce Clause. The Court further determined that, since it targeted private actors, Section 13981 was outside the scope of the Fourteenth Amendment.
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