A South Carolina federal district court has rejected challenges by Dylann Roof to his conviction in the widely publicized 2015 killing of 9 individuals in a Bible study class at Mother Emanuel AME Church in Charleston, South Carolina. In
United States v. Roof, (D SC, May 10, 2017), the court upheld against a commerce clause challenge Roof's conviction for violating
18 USC §247 which prohibits obstructing by force a person's free exercise of religion where the offense is in or affects interstate or foreign commerce. The court said in part:
Defendant argues that because his offense was noneconomic, because he did not travel in interstate commerce to commit it, and because he used items purchased in South Carolina, the Government failed to establish that the offense-- that is, the intentional, forcible obstruction of the free exercise of religion-- was in or affected interstate commerce....
Defendant used the internet to conduct research and identify Mother Emanuel as his target, a telephone to contact the church directly, and GPS navigation satellites to navigate interstate highways on his multiple trips to and from the vicinity of the church. He used a Russia-based service to host the online manifesto he posted shortly before the attack at Mother Emanuel, which explained his motives. In preparation for the attack, Defendant purchased hollow-point bullets, magazines, and a firearm that had all travelled in interstate commerce. Defendant entered Mother Emanuel carrying the firearm and loaded magazines in a tactical pouch that had travelled in interstate commerce. Inside the church, Defendant used the items he procured to kill nine parishioners....
Defendant argues that the proper test is whether the offense was in interstate commerce, not whether the items used to commit the offense were in interstate commerce.... The Court finds that argument unpersuasive.
