ALDERMAN v. U.S.

No. 09-1555.

131 S.Ct. 700 (2011)

Cedrick B. ALDERMAN v. UNITED STATES.

Supreme Court of United States.

January 10, 2011.


Attorney(s) appearing for the Case

David T. Goldberg , Donahue & Goldberg, LLP, New York, NY, for Petitioner.

Neal Kumar Katyal , Acting Solicitor General, United States Department of Justice, Washington, DC, for United States.


The petition for a writ of certiorari is denied.

Justice THOMAS, with whom Justice SCALIA joins except for footnote 2, dissenting from the denial of certiorari.

Today the Court tacitly accepts the nullification of our recent Commerce Clause jurisprudence. Joining other Circuits, the Court of Appeals for the Ninth Circuit has decided that an "implic[it] assum[ption]" of constitutionality in a 33-year old statutory interpretation opinion "carve[s] out" a separate...

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