WASHINGTON (AP) -- Supreme Court justices on Monday handed a victory to the woman who could soon be joining them, upholding a federal law allowing for the indefinite imprisonment of inmates considered "sexually dangerous."
The case was one of six Solicitor General Elena Kagan argued on behalf of the government during the past nine months.
Although the dispute was over the continuing imprisonment of people who have finished serving their sentences, the issue before the court was whether Congress has authority to step into an area usually handled by the states.
Kagan compared the government's power to commit sexual predators to its power under the Constitution to quarantine federal inmates whose sentences have expired but have a highly contagious and deadly disease.
http://hosted.ap.org/dynamic/stories/U/US_SEXUAL_PREDATORS_KAGAN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULTHeld: The Necessary and Proper Clause grants Congress authority sufficient to enact §4248.
BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and STEVENS, GINSBURG, and SOTOMAYOR, JJ., joined. KENNEDY, J., and ALITO, J., filed opinions concurring in the judgment. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined in all but Part III– A–1–b.
http://www.supremecourt.gov/opinions/09pdf/08-1224.pdf