Published on August 12, 2019 | by LawNews
Prof. Robin Charlow Quoted on Constitutionality of Proposed Federal Chokehold Ban in Newsday
Eric Garner’s family vows large protests if Pantaleo isn’t fired
By Matthew Chayes
Aug. 3, 2019
[The Rev. Al] Sharpton said he would push Congress to prohibit chokeholds nationally. …
A bill drafter would need to identify a constitutionally authorized power in order to criminalize a chokehold on a federal level, according to Robin Charlow, a Hofstra law professor. The use of typical avenues — like the 14th Amendment’s equal-protection guarantee, which is the basis for federally prosecuting cops for violating civil rights; or the Constitution’s interstate-commerce clause, which is the basis for federal drug crimes — isn’t certain to pass U.S. Supreme Court muster, Charlow said. She couldn’t immediately think of a feasible avenue.
Read the full article on the Newsday website.