D. Mass Notes Split Re Constitutionality of Adam Walsh Act

Per U.S. v. Wilkinson, 646 F.Supp.2d 194 (D. Mass.,2009. Aug. 20, 2009):

The court also addressed Wilkinson's claim that the Adam Walsh Act is unconstitutional. In June, 2009, the court held that the Adam Walsh Act is unconstitutional because it exceeds Congress' power under the Commerce Clause of the United States constitution and is not necessary or proper to effectuate any other enumerated legislative or executive power. See United States v. Wilkinson (“Wilkinson II”), 626 F.Supp.2d 184, 185-86 (D.Mass.2009). This is an issue that has split the district courts and several circuits that have decided it. Id. at 186-87. The Supreme Court will hear a case which should decide this issue in the coming term. See United States v. Comstock, 551 F.3d 274 (4th Cir.2009), aff'g 507 F.Supp.2d 522, 540 (E.D.N.C.2007), cert. granted --- U.S. ----, 129 S.Ct. 2828, 174 L.Ed.2d 551 (2009). In view of the uncertainty of the law and the risk that Wilkinson might be found to be sexually dangerous, the court stayed his release from federal custody, at least until the merit of the government's request for civil commitment was decided. Wilkinson II, 626 F.Supp.2d at 195.

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