Whether the Hate Crime Prevention Act as codified in 18
U.S.C. 249(a)(2), which prohibits the willful bodily injury to
a person with the use of a firearm, dangerous weapon, or
explosive or incendiary device, based on the actual or
perceived sexual orientation of any person, is
unconstitutional because it exceeds the power of Congress to
legislate under the Commerce Clause of the United States
Constitution.

Whether the Hate Crime Prevention Act's prohibition on bodily injury based on sexual orientation is unconstitutional under the Commerce Clause