Crime and Federalism Defeat
February 28, 2005
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. Morrison. United 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.