Third Circuit Notes Recent Split Re Congress's Authority to Regulate Intrastate Activities

Per U.S. v. Stevens, 533 F.3d 218 n.22 (3rd Cir. Jul 18, 2008):

[T]he question of whether Congress exceeds its constitutional authority when regulating intrastate activities was one that had, until just recently, divided the circuits. Compare, e.g., United States v. Rodia, 194 F.3d 465, 474-82 (3d Cir.1999) (upholding statute prohibiting intrastate possession of child pornography made with materials that had traveled in interstate commerce) with United States v. Smith, 402 F.3d 1303, 1315-16 (11 th Cir.2005) (finding the same statute unconstitutional), cert. granted and vacated, 545 U.S. 1125, 125 S.Ct. 2938, 162 L.Ed.2d 863 (2005), and rev'd on remand, 459 F.3d 1276, 1284-85 (11th Cir.2006) (upholding statute as proper exercise of Commerce Clause power in light of Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005)).