Alderman v. United States

Issue: Whether Scarborough v. United States (1977) recognizes a distinct Commerce Clause authority, beyond the three categories recognized in United States v. Lopez (1995), United States v. Morrison (2000), and Gonzales v. Raich (2005), such that a federal statute which “cannot be justified as a regulation of the channels of commerce, as a protection of the instrumentalities of commerce, or as a regulation of intrastate activity that substantially affects interstate commerce,” may be sustained based on a “minimal nexus” between the activity regulated and interstate commerce.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply