Monday, May 31, 2010

Suing Rapists

In 2301, when we cover federalism, we touch on U.S. v. Morrison which -- along with U.S. v. Lopez, seemed to mark the end of the indiscriminate use of the commerce clause to justify endless expansions of federal power. But while the case stated that the federal government lacked the constitutional power to allow women access to its courts for lawsuits against their attackers, the state courts could, and perhaps should.

That availability of these courts has been limited however, as the following story illustrates.