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SCOTUS upholds broad federal power to commit sex offenders in Comstock

By Douglas A. Berman

As I had expected, this morning brings some criminal justice action from the Supreme Court.  Here is an early SCOTUS report on one big case already handed down: We have the first opinion: 08-1224, US v. Comstock.... The Court upholds the law passed by Congress to order the civil commitment of a mentally ill federal prisoner who is a sex offender with the commitment to continue beyond the date the inmate otherwise would be released.... The vote is 7-2, with Justice Breyer writing the opinion for the Court.  Justice Thomas dissents joined by Justice Scalia. Justice Kennedy concurs in the judgment only, joined by Alito.  The opinion in Comstock is here. Though I will need to read Comstock closely before commenting on the substance, it is already possible to assert that this ruling has to help the cause of SG Kagan, since she argued on the winning side for congressional/federal power.continue to full post

Full post as published by Sentencing Law and Policy on May 17, 2010 (boomark / email).