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TRAVIS v. RENO

No. 98-2881.

163 F.3d 1000 (1998)

David M. TRAVIS, et al., Plaintiffs-Appellees, v. Janet RENO, Attorney General of the United States, and United States of America, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Jon Deitrich, Adelman, Adelman & Murray, Milwaukee, WI, for David M. Travis, Fred A. Risser, Robert K. Zukowski.

James E. Doyle, Susan K. Ullman, Office of the Atty. Gen., Madison, WI, for Roger D. Cross, Wisconsin Dept. of Transp.

Craig M. Blackwell, Mark B. Stern, Dept. of Justice Civil Div., Washington, DC, for Janet Reno, U.S.

Thomas H. Odom, Arter & Hadden, Washington, DC, Bill Pryor, Office of the Atty. Gen., Jack Curtis, Dept. of Public Safety, Montgomery, AL, for State of Alabama.

Thomas H. Odom, Arter & Hadden, Washington, DC, W.A. Drew Edmondson, Office of the Atty. Gen., Oklahoma City, OK, John K. Lindsey, Dept. of Public Safety, Oklahoma City, OK, for State of Oklahoma.

Anne Miyako Hayes, Pacific Legal Foundation, Sacramento, CA, for Pacific Legal Foundation.

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

This case poses the question whether Congress has the power to enact the Driver's Privacy Protection Act, 18 U.S.C. §§ 2721-25, which regulates disclosures of the information that states maintain in drivers' records. The district court held that the Act exceeds Congress' authority under the commerce clause (read in light of the tenth amendment) because the Act commandeers states to do the national government's bidding.

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