District court's holding that Congress lacked constitutional authority to enact a provision under the Adam Walsh Child Protection and Safety Act, which provides for the civil commitment of a sexually dangerous person already in federal criminal custody in lieu of release upon service of full sentence, is reversed and remanded as the provision comes within the legitimate scope of congressional power conferred by the Necessary and Proper Clause of the federal Constitution.
Appeal from the United States District Court for the District of Massachusetts
Decided January 5, 2010
Before: Boudin and Seyla, Circuit Judges, and Laplante, District Judge
Opinion by Seyla, Circuit Judge
For Appellant: Samantha L. Chaifetz, US Department of Justice, Civil Division
For Appellee: Judith H. Mizner, Assistant Federal Public Defender