Amish Defendants Say Hate Crimes Law Is Unconstitutional and Inapplicable To Alleged Assaults

As previously reported, last November federal prosecutors brought charges of conspiracy to violate the federal  Hate Crimes statute against seven members of the Amish Bergholz clan who allegedly assaulted and cut the beards of 4 members of a different Amish community. Yesterday's Pittsburgh Post-Gazette reported that lawyers who are defending Bergholz clan leader Sam Mullet have asked the court to dismiss the charges on the ground that Congress exceeded its constitutional powers in enacting the Hate Crimes law.  They argue that hate crimes do not affect interstate commerce, and that the crimes involved here were all committed in Ohio. They also argue that the Hate Crimes Prevention Act was designed to protect members of minority religions against actions from those outside it, and that it should not apply where the defendants and the victims were members of the same religion. They say that the assaults here are not alleged to be based on anti-Amish bias.