Judi L. Lemos


This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. Finally, Part V examines arguments regarding VAWA's constitutionality. This Comment concludes that the Supreme Court will probably deny certiorari in the Brzonkala case. However, should the Court grant review, it will likely find VAWA a constitutionally permissible use of the commerce power.