United States v. Comstock
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1224 | 4th Cir. | Dec 1, 2010 | May 17, 2010 | 7-2 | Breyer | OT 2009 |
Holding: The Court upheld, under the Commerce Clause, the law passed by Congress allowing the civil commitment of mentally ill sex offenders after the completion of their criminal sentences.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Stephen Breyer on May 17, 2010. Justice Thomas dissented, joined by Justice Scalia. Justice Kennedy concurred in the judgment only, joined by Justice Alito.
SCOTUSblog Coverage
- Broad authority under Necessary and Proper Clause allows federal civil commitment of sexually dangerous individuals (Anna Christensen, May 18, 2010)
- United States v. Comstock: Argument Preview (Anna Christensen, January 12, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioner United States of America
- Brief for Respondents Graydon Earl Comstock, Jr., et al.
- Reply Brief for Petitioner United States of America
Amicus Briefs
- Brief for the State of Kansas in Support of Petitioner
- Brief for the Cato Institute in Support of Respondents
- Brief for the National Association of Criminal Defense Lawyers and National Association of Federal Defenders in Support of Respondents
Certiorari-stage documents
- Opinion below (4th Circuit)
Merits Briefs
- Brief for Petitioner United States of America
- Brief for Respondents Graydon Earl Comstock, Jr., et al.
- Reply Brief for Petitioner United States of America
Amicus Briefs
- Brief for the State of Kansas in Support of Petitioner
- Brief for the Cato Institute in Support of Respondents
- Brief for the National Association of Criminal Defense Lawyers and National Association of Federal Defenders in Support of Respondents
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