Question Presented (from Petition)
The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18 U.S.C. § 249, criminalizes, among other things, assaults based on the victim's perceived sexual orientation. The Act sets forth several jurisdictional "circumstances" when it applies. The one at issue here makes it a federal crime to commit a bias-motivated assault if that conduct "interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct." 18 U.S.C. § 249(a)(2)(B)(iv)(I). It does not require that the victim be engaged in interstate or foreign commerce, and it does not require a substantial effect on commerce. Petitioner James Hill was charged under this jurisdictional prong for punching a co-worker.
The question presented here has divided lower-court judges: Does 18 U.S.C. § 249(a)(2)(B)(iv)(I) exceed Congress's power under the Commerce Clause?
Question Presented (AI Summary)
Does 18 U.S.C. §249(a)(2)(B)(iv)(D) exceed Congress's power under the Commerce Clause?
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-15
Reply of petitioner James William Hill, III filed. (Distributed)
2020-05-29
Motion to delay distribution of the petition for a writ certiorari until June 18, 2020, granted.
2020-05-27
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June 10, 2020 to June 18, 2020, submitted to The Clerk.
2020-05-26
Brief of respondent United States of America in opposition filed.
2020-04-13
Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
2020-04-10
Motion to extend the time to file a response from April 27, 2020 to May 26, 2020, submitted to The Clerk.
2020-03-27
Brief amicus curiae of The Cato Institute filed.
2020-03-17
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
2020-03-17
Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
2020-03-04
Blanket Consent filed by Petitioner, James William Hill, III.
2020-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2020)
2020-01-09
Application (19A596) granted by The Chief Justice extending the time to file until February 21, 2020.
2020-01-07
Application (19A596) to extend further the time from January 22, 2020 to February 21, 2020, submitted to The Chief Justice.
2019-11-27
Application (19A596) granted by The Chief Justice extending the time to file until January 22, 2020.
2019-11-22
Application (19A596) to extend the time to file a petition for a writ of certiorari from December 23, 2019 to January 22, 2020, submitted to The Chief Justice.