Alderman v. United States
562 U.S. 1163
SCOTUS2011Background
- 18 U.S.C. § 931(a) bans felons from purchasing or possessing body armor that intersects interstate commerce in some way.
- Alderman was indicted under § 931(a) after police found him wearing a bulletproof vest; vest had previously moved in interstate commerce.
- Mandatory appellate history: Ninth Circuit upheld § 931(a); en banc rehearing denied; dissents questioned the approach.
- Lopez and Morrison limited Congress’s commerce authority to three categories, rejecting a general police power.
- Scarborough v. United States was read by the Ninth Circuit as implicitly validating a similar jurisdictional hook, conflicting with Lopez framework.
- Dissent argues certiorari is necessary to reaffirm Lopez and curb expansive federal reach via Scarborough-based reasoning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should Lopez govern Commerce Clause analysis here? | Alderman's challenge requires Lopez framework, not Scarborough. | Scarborough remains binding precedent in this context. | Grant certiorari warranted to restore Lopez framework. |
| Does Scarborough implicitly authorize constitutionality for § 931(a)? | Scarborough should not carve out a separate niche post-Lopez. | Scarborough supports the existing approach and should be followed. | Conflict with Lopez; certiorari needed to resolve. |
| Would continuing Scarborough-based analysis expand federal power beyond limits? | Lower courts risk unlimited federal authority. | Scarborough provides permissible interpretation. | Yes, warrants Supreme Court review. |
| Should states retain traditional police powers over body armor regulation? | State regimes already address body armor; federal overreach undermines states. | Commerce power can reach regulation due to interstate aspects. | Dissent argues for restraint; not resolved here. |
Key Cases Cited
- United States v. Lopez, 514 U.S. 549 (1995) (reaffirmed three-category framework; rejected general police power)
- United States v. Morrison, 529 U.S. 598 (2000) (rejected noneconomic conduct regulation based on aggregate effect)
- Scarborough v. United States, 431 U.S. 563 (1977) (carved expansive nexus for felon-in-possession statutes)
- United States v. Patton, 451 F.3d 615 (10th Cir. 2006) (tension between Scarborough and Lopez; follow Scarborough unless told otherwise)
- United States v. Bishop, 66 F.3d 569 (3d Cir. 1995) (illustrates expansive reading of interstate-connection logic)