In United States v. Davila-Mendoza et al., No.
17-12038 (Aug. 26, 2020) (Branch, Jill Pryor, Boggs), the Court vacated
the defendants’ MDLEA convictions on the ground that the statute, as applied,
exceeded Congress’ constitutional authority.
The drug-trafficking activities in this case occurred in the
territorial waters of a consenting foreign country, not the high seas. The Court first concluded that, as applied,
the MDLEA exceeded Congress’ authority under the Foreign Commerce Clause. The Court assumed, without deciding, that
this clause had the same scope as the interstate commerce clause. Applying that framework, the defendants’
conduct lacked a “substantial effect” on commerce between the United States and
foreign nations. There was no allegation
or evidence that drug trafficking in waters of a foreign nation by foreign
nationals on a foreign boat of drugs not bound for the US substantially affected
US commerce with foreign nations. The
Court rejected the government’s argument that wholly foreign drug trafficking
impacted the international drug trade, which in turn could impact US commerce
with foreign nations. The Court also
rejected the government’s argument that this prosecution was an exercise of
Congress’ authority under the Necessary and Proper Clause to enforce a bilateral
treaty with Jamaica, because the MDLEA was enacted before the treaty and thus
could not have effectuated it.
