United States v. Comstock

[A18]

Somewhere along the line, the enumerated-powers doctrine must have stumbled upon the philosopher's stone. It has been killed so many times, only to be resurrected again, again, and... again. This latest revival comes courtesy of the Fourth Circuit, in a decision that invalidates recently-enacted 18 U.S.C. § 4248.

Barring an en banc reversal, I expect the Supreme Court to take this case.