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Like the district court, we conclude that Congress has power under the Thirteenth Amendment to enact § 249(a)(1). Although the Thirteenth Amendment by its terms applies to slavery and involuntary servitude, Supreme Court precedent confirms Congress’s authority to legislate against slavery’s “badges and incidents” as well. In particular, the Supreme Court held in Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)—a case permitting a federal private right of action against private individuals for housing discrimination—that Congress itself has power to determine those badges and incidents.


In the United States Court of Appeals for the Tenth Circuit

Publication Title

Appeal from The United States District Court for The District of New Mexico


D.C. No. 1:10-CR-031045-BB-2


No. 12-2040


Co-author and signatory.

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Law and Race Commons



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