Holly Ann Elkins, Petitioner v. United States

Holly Ann Elkins has asked the Supreme Court to review a Fifth Circuit rule that treats phones as instrumentalities of interstate commerce as a category. The case asks whether that broad approach fits the Constitution's limits on Congress's commerce power.

This is only a petition for certiorari (a request for Supreme Court review), and no oral argument is scheduled yet. The petition argues the Fifth Circuit used a categorical rule that "phones just are instrumentalities of interstate commerce."

The answer could affect when federal law reaches conduct tied to phones or similar tools, even if the conduct is local. For example, a person in a federal case involving a phone could be affected by whether courts automatically treat that device as part of interstate commerce.

Elkins says the Fifth Circuit went too far by automatically treating phones as instrumentalities of interstate commerce. She asks whether that approach is constitutional.

People in federal cases involving phones or similar tools could be affected. The answer may shape when Congress can regulate conduct that seems local.

The Court will decide whether to grant certiorari, meaning hear the case. No oral argument is scheduled yet, and no decision window is available.