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A Grim Reminder

Crime and Federalism Defeat

Frank Bird drove his van through the front door of an abortion clinic.  Does Congress have power under the Commerce Clause to make this a federal crime? 

Under 18 U.S.C. 248, anyone who "intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services" is guilty of a felony.

Per Judge Garza, today a 2-1 panel of the Fifth Circuit Court of Appeals upheld that law in spite of United States v. MorrisonUnited States v. Bird, No. 03-20884 (5th Cir., Feb. 28, 2005).  Judge DeMoss dissented.  I predict the Fifth Circuit will rehear the case en banc, and we'll have a re-match between the McFarland factions.

Hap tip: AL&P.