Supreme Court Action
posted by Gerard Magliocca
Two notes on what the Court did (and didn’t do) today:
1. We still have no opinion in Bilski. I was worried about what that meant in April. Now I’m really worried.
2. Today’s decision in Comstock upholding the federal government’s power to order the civil commitment of sexually dangerous inmates after the end of their federal sentence was not surprising. I was interested to see, however, that Chief Justice Roberts joined the Court’s opinion and its broad view of the Necessary and Proper Clause. Four others Justices (Scalia, Kennedy, Thomas, and Alito) adopted a narrower reading.