Eleventh Circuit Court of Appeals - Published Opinions

Friday, May 02, 2014

Parton: Sebelius does not overrule Circuit precedent on child pornography

In U.S. v. Parton, No. 13-12612 (April 30, 2014), the Court (Anderson; Ebel & Ungaro, bd.), rejected the argument that the Supreme Court’s recent decision in Nat’l Fed. of Independent Business v. Sebelius had effectively overruled prior Circuit precedent regarding how little of an interstate nexus the government had to show under the Commerce Clause in child pornography cases. The Court explained that Sebelius addressed the Commerce required when commerce is being “compelled” by the government, not, as here, the production of child pornography.