[20000522]RS20584_美国诉莫里森：最高法院宣布《美国法典》第42卷第13981节违宪.pdf

1 United States v. Morrison, 2000 WL 574361, *1 (U.S.). The Vote in Morrison was 5 to 4, withChief Justice Rehnquist writing the majority opinion. Justice Thomas issued a concurring opinionadvocating rejection of the substantial effects test. Id. at *17. 2 Id.; 42 U.S.C. 13981.3 Morrison, 2000 WL 574361 at *1; United States v. Lopez, 514 U.S. 549 (1995).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20584May 22, 2000United States v. Morrison: The Supreme CourtDeclares 42 U.S.C. 13981 Unconstitutional(name redacted)Legislative AttorneyAmerican Law DivisionSummaryIn United States v. Morrison, the Supreme Court considered the constitutionalityof 42 U.S.C. 13981, which provided a federal civil cause of action to any victim ofgender-motivated violence. Analyzing 13981 according to the framework delineated inUnited States v. Lopez, the Court held that gender motivated violence is not acommercial activity and is not substantially connected to interstate commerce, renderingthe statute invalid under the Commerce Clause. The Court further determined that, sinceit targeted private actors, 13981 was outside the scope of the