A divided panel of the U.S. Court of Appeals for the 4th Circuit rejected a constitutional challenge by James William Hill, Jr., to his conviction under the federal Hate Crimes Act for assaulting a gay co-worker. United States of America v. Hill, 2019 U.S. App. LEXIS 17731, 2019 WL 2454848. According to Circuit Judge James A. Wynn, Jr., this was the first appellate case to take up the question whether the federal statute can … <Read More>
Commerce Clause
4th Circuit Revives Gay Hate Crime Prosecution
The Richmond-based U.S. Court of Appeals for the 4th Circuit has revived a federal hate crime prosecution against a man who physically assaulted a gay co-worker without provocation at an Amazon Fulfillment Center in Chester, Virginia. U.S. District Judge John A. Gibney, Jr., had dismissed the case, accepting defendant James William Hill, III’s argument that prosecuting him would violate Congress’s constitutional authority to enact legislation under the Commerce Clause, because his conduct was not motivated … <Read More>