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Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods
Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods
Jordan Blair Woods
Congress recently invoked its power under the Commerce Clause to pass the Local Law Enforcement Hate Crimes Prevention Act of 2007 (The Matthew Shepard Act). On December 6, 2007, Congressional Democrats dropped the Matthew Shepard Act from the U.S. Department of Defense authorization bill. With Democrats now in control of Congress and the election of President Barack Obama, there is renewed hope that the Matthew Shepard Act will be passed and enacted during a subsequent session.
Section 5 of the Fourteenth Amendment gives Congress the authority to enforce the substantive provisions of the Fourteenth Amendment through federal legislation. Although Congress …