US v. Morrison

Scott Gerber s-gerber at
Tue Oct 25 15:06:00 PDT 2005

The more problematic decision for me, at least in terms of doctrinal
consistency (to borrow from Janet Alexander), is Gonzales v. Raich.  It
seems to me that critics of U.S. v. Morrison are worrying about nothing,
given that Gonzales appears to discard Morrison and Lopez sub silentio.

Scott Gerber
Law College
Ohio Northern University

      Rehnquist and the Judicial Conference lobbied Congress against VAWA
on the ground that it would flood the federal courts with insignificant
domestic violence cases.  When Congress passed it anyway,  the Court struck
it down.  Cf. the "domestic relations exception" to diversity jurisdiction
which (like modern 11th amendment jurisprudence) finds no support in the
constitutional text.  Judith Resnik's "Housekeeping," which traced federal
jurisdiction's gender bias, continues to ring true.
        Of course the animus toward VAWA doesn't help one provide students
with a principled doctrinal explanation.
                -- Janet Alexander

Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810

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