Eleventh Circuit Panel finds that Maritime Drug Law Enforcement Act exceeds Congress’s Powers under the Foreign Commerce Clause and the Necessary and Proper Clause Powers
In August, a panel of the Eleventh Circuit decided U.S. v. Davila-Mendoza. The case presented an as applied challenge to the Maritime Drug Law Enforcement Act. The MDLEA prohibits drug-trafficiking in foreign waters. Judge Branch wrote the majority opinion, which was joined by Judge Jill Pryor (no relation to Chief Judge Bill Pryor) and Judge Danny Boggs (my former boss from the Sixth Circuit who was sitting by designation). The panel found that the MDLEA exceeded Congress’s powers under the Foreign Commerce Clause and the Necessary and Proper Clause.
Here, the Court presumes the Lopez framework for the Interstate Commerce Clause extends to the Foreign Commerce Clause. The MDLEA could only be upheld under the so-called “substantial effects” test. (In fact, the “substantial effects” test is an application of Congress’s Necessary and Proper Clause power, but Chief Justice Rehnquist elided this position.) The substantial effects test allow
Article from Latest – Reason.com