Legal Commentary Network
By RODGER CITRON
FindLaw guest columnist and Touro law professor Rodger Citron comments on the constitutional issues raised by a case that is currently before the U.S. Supreme Court, United States v. Comstock. As Citron explains, the case poses the question whether it is constitutional for the federal government to continue to confine a criminal offender who has served his full sentence, on the ground that the offender now needs to be civilly committed as "sexually dangerous." Here, the specific issue is not whether such civil commitment in general is constitutional, but whether the federal government can enter an area of law that has been traditionally reserved for the states. Focusing on the Justices' comments at oral argument and their general leanings, Citron predicts how they are likely to vote, and what the outcome is likely to be.
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