Post-Lopez cert grant

[Eugene Volokh]

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United States Supreme Court News                    11/15/99
Willamette Law Online - Willamette University College of Law
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On 11/15/99 the United States Supreme Court granted certiorari in the three
cases summarized below:
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CERTIORARI GRANTED
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Jones v. United States
No. 99-5739
Court below: 178 F.3d 479 (7th Cir. 5/17/99)
Full text:  http://laws.findlaw.com/7th/983255.html

COMMERCE CLAUSE

The issue in this commerce clause case is whether in light of United States
v. Lopez, 514 US 549 (1995), Congress exceeded its authority when it enacted
the arson statute, 18 USC s 844(i), which requires proof that the torched
property was "used in interstate or foreign commerce or in any activity
affecting interstate or foreign commerce".  The defendant, Jones was
convicted under 18 USC s 844(i) for arson after he severely damaged his
cousin's home by throwing a molotov cocktail into the living room.  The
court below held that the arson of residences meets the substantial affect
on commerce laid out in Lopez since the torching of residences affects
building materials purchased in interstate commerce, interstate insurance
claims and utilities sold in interstate commerce.

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