No. 7:01 CV 00596.

411 F.Supp.2d 645 (2006)

Ira W. MADISON, Plaintiff, v. Russell A. RITER, et al., Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

January 25, 2006.

Attorney(s) appearing for the Case

Ira W. Madison, Dillwyn, VA, pro se.

Jay T. Jorgensen, Richard Henry Menard, Jr., Sidley Austin Brown & Wood, LLP, Washington, DC, for Plaintiff.

Mark Ralph Davis, William Eugene Thro, State Solicitor General, Office of the Attorney General, Richmond, VA, for Defendants.

Jonathan Eli Zimmerman, United States Department of Justice, Washington, DC, for Intervenor.


TURK, Senior District Judge.

The issues before the court at this juncture are whether Congress exceeded its authority under the Spending Clause or the Commerce Clause or violated other, federalism provisions of the Constitution in enacting section 3 of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc through 2000cc-5. Because the court concludes...

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