Clarence Thomas

“ The Court held that such evidence was sufficient, noting that the legislative history suggested that Congress wished to assert "'its full Commerce Clause power.'" Id., at 571. No party alleged that the statute exceeded Congress' authority, and the Court did not hold that the statute was constitutional. The Ninth Circuit concluded that 'Scarborough had "implicitly assumed the constitutionality of" §1202 (a) . ”

“ That logic threatens the proper limits on Congress' commerce power and may allow Congress to exercise police powers that our Constitution reserves to the States. I would grant certiorari.
I Title 18 U.S.C. §931 (a) makes it "unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is...a crime of violence." James Guelff and Chris McCurley Body Armor Act of 2002, §11009 (e) (2) (A) , 116 Stat. ”

“ It follows from the enumeration of specific powers that there are boundaries to what the Federal Government may do. See, e.g., Gibbons v. Ogden, 9 Wheat. 1, 195 (1824) ("The enumeration presupposes something not enumerated...") . The Constitution "withhold [s] from Congress a plenary police power that would authorize enactment of every type ”

“ Lopez, 514 U.S. 549, 585 (1995) (concurring opinion) ; United States v. Morrison, 529 U.S. 598, 627 (2000) (same) ; Gonzales v. Raich, 545 U.S. 1, 57 (2005) (dissenting opinion) .
page 7, slip opinion J., concurring) (" [W] e always have rejected readings of the Commerce Clause and the scope of federal power that would permit Congress to exercise a police power...” (emphasis in original) ) . Before Congress enacted §931, the majority of States already had employed their police powers to address body armor and its use or possession by criminals. ”

“ See 593 F. 3d, at 1142 (O'Scannlain, J., dissenting from denial of rehearing en banc) ("The majority's opinion makes Lopez superfluous") . In fact, the Tenth Circuit has concluded that " [a] lthough the body armor statute does not fit within any of the Lopez
↑ 1 Other Courts of Appeals, considering the constitutionality of different possession statutes, have applied Scarborough similarly, although the issue has divided some panels. ”