United States v. Comstock

United States v. Comstock
Argued January 12, 2010
Decided May 17, 2010
Full case nameUnited States, Petitioner v. Graydon Earl Comstock, Jr., et al.
Docket no.08-1224
Citations560 U.S. 126 (more)
130 S. Ct. 1949; 176 L. Ed. 2d 878
Case history
Prior507 F. Supp. 2d 522 (E.D.N.C. 2007); affirmed, 551 F.3d 274 (4th Cir. 2009); cert. granted, 557 U.S. 918 (2009).
SubsequentOn remand, 627 F.3d 513 (4th Cir. 2010).
Holding
The federal government may order the civil commitment of a mentally ill, sexually dangerous person beyond the conclusion of his federal sentence.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Case opinions
MajorityBreyer, joined by Roberts, Stevens, Ginsburg, Sotomayor
ConcurrenceKennedy (in judgment)
ConcurrenceAlito (in judgment)
DissentThomas, joined by Scalia (all but Part III–A–1–b)

United States v. Comstock, 560 U.S. 126 (2010), was a decision by the Supreme Court of the United States, which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody.[1] The practice, introduced by the Adam Walsh Child Protection and Safety Act, was upheld against a challenge that it fell outside the enumerated powers granted to Congress by the Constitution. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.[2][3][4][5][6][7][8]

  1. ^ JESSE J. HOLLAND, Court: Sexually dangerous can be kept in prison, Associated Press. Retrieved 5-16-2010.
  2. ^ "08-1224 United States v. Comstock (05/17/2010)" (PDF). Supremecourt.gov. Retrieved June 12, 2010.
  3. ^ "Predators and the Constitution". WSJ.com. January 19, 2010. Retrieved June 12, 2010.
  4. ^ "Sex offenders behind bars: How long?". Los Angeles Times. January 18, 2010. Retrieved June 12, 2010.
  5. ^ Kirkland, Michael. "U.S. Supreme Court: Throwing away the key for sex offenders?". UPI.com. Retrieved June 12, 2010.
  6. ^ Mears, Bill (May 17, 2010). "Supreme Court: Sex offenders can be held indefinitely". CNN. Retrieved June 12, 2010.
  7. ^ Stohr, Greg (May 17, 2010). "Sex-Offender Commitment Law Upheld by U.S. High Court". BusinessWeek. Retrieved June 12, 2010.[dead link]
  8. ^ Biskupic, Joan (May 18, 2010). "Sex offenders may be confined past sentences". Usa Today. Retrieved June 12, 2010.