SABRI

Tennessee v. Lane stole all the headlines, but Sabri v. United States is a pretty cool case as well, and it's a lot shorter, so if you're going to read one of the Court's announced cases this week and don't have the time to wade through six opinions (only Breyer, O'Connor and Kennedy didn't write separately in Lane), make it Sabri.

The case is filled with potentially interesting issues -- including the desirability of the expansion of federal criminal law, limits on congressional spending power, the meaning of the necessary and proper clause (a constitutional law course staple), and the extent of the Rehnquist Court's revolution in federalism. The libertarian Cato Institute filed a brief (see here), which attempts to limit congressional power by advancing a narrow, judicially enforceable reading of the necessary and proper clause. The Supreme Court wasn't too thrilled with that argument, although Clarence Thomas seems to have found it attractive.

See also District judge Richard Kyle's opinion here, PDF file), and materials from the 8th Circuit opinion are here [Sorry, no permalink, but check out the "One Stop Searching" page - and enter 02-1561 in the number field]. The Eighth Circuit has got a good web site with links to oral arguments and briefs filed in the case. Check it out.