United States v. Allan A. Mussari, United States of America v. Donald W. Schroeder
Opinion
Opinion
Noonan, J.
The United States appeals the dismissal of indictments charging Donald W. Schroeder and Allan A. Mussari with violations of the Child Support Recovery Act of 1992, 18 U.S.C. § 228 (the CSRA). The eases, which have been consolidated on this appeal, present the question of whether Congress has power under the Commerce Clause to enact the statute. In thoughtful opinions the district court held that it did not. We come to the contrary conclusion and accordingly reverse and remand.
THE STATUTE
The text of the Child Support Recovery Act of 1992 states:
18 U.S.C. § 228 .
PROCEEDINGS
On January 11, 1995 Mussari was indicted on the charge that from November 1,1988 to the present, “while residing in a different state,” he, “with respect to his two children who reside in the State and District of Arizona, willfully and unlawfully failed to pay a past due support obligation as ordered by the Maricopa County Superior Court, State of Arizona, which obligation is greater than $5,000.00 and has remained unpaid for more than one year,” in violation of 18 U.S.C. § 228 . On the same date Donald Schroeder was charged in the same fashion with respect to his four children who reside in Arizona…