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Supreme Court Rejects Federal Rape Law

 

 

May 15, 2000

 

WASHINGTON (AP) - The Supreme Court today threw out a law that let rape victims sue their attackers in federal court, saying Congress wrongly trampled on an area of state authority.

 

The 5-4 ruling in a Virginia case invalidated a key provision of the 1994 Violence Against Women Act and followed the court's recent trend of expanding states' rights at the expense of the federal government.

 

Congress, in enacting the provision, overstepped its authority to regulate interstate commerce and enforce the Constitution's equal-protection guarantee, the justices said.

 

The justices ruled that Christy Brzonkala, a former Virginia Tech student, cannot pursue her federal lawsuit against two football players, alleging that they raped her in a dormitory room. Brzonkala, who has allowed her name to be disclosed, became the first person to sue under the law in 1995.

 

Petitioner Brzonkala's complaint alleges that she was the victim of a brutal assault,'' Chief Justice William H. Rehnquist wrote for the court. ``If the allegations here are true, no civilized system of justice could fail to provide her a remedy ... But under our federal system that remedy must be provided by the commonwealth of Virginia, and not by the United States.''

 

The justices rejected arguments by her lawyer and the Clinton administration that the law was needed because states are not doing enough to protect rape victims, and because gender-based violence restricts women's choices in jobs and travel.

That argument ``would allow Congress to regulate any crime as long as the nationwide, aggregated impact of that crime has substantial effects on employment, production, transit or consumption,'' Rehnquist said. ``Indeed, if Congress may regulate gender-motivated violence, it would be able to regulate murder or any other type of violence. ...''

 

The chief justice's opinion was joined by Justices Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.

Dissenting were Justices David H. Souter, John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer.


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