context: In this instance, analysis under two of three Lopez categories (one and three) is appropriate. Lopez category two does not apply because section 9(a)(1) of the ESA is not a regulation of the instrumentalities of interstate commerce or of persons or things in interstate commerce.
citation_a.signal: no signal
citation_a.identifier: 130 F.3d 1046, 1046
citation_a.parenthetical: rejecting notion that endangered species of fly found only in California was "thing in interstate commerce," in action challenging constitutionality of "taking" provision of ESA
citation_a.sentence: National Ass’n of Home Builders, 130 F.3d at 1046 (rejecting notion that endangered species of fly found only in California was “thing in interstate commerce,” in action challenging constitutionality of “taking” provision of ESA). Although Edwards species are captured, shipped to and traded among various museums and zoos, this is not sufficient to make the them instrumentalities or things in interstate commerce.
citation_b.signal: see also
citation_b.identifier: 514 U.S. 559, 559
citation_b.parenthetical: rejecting application of Lopez prong two to Gun-Free School Zones Act, despite the fact that the regulated guns likely traveled through interstate commerce
citation_b.sentence: See also Lopez, 514 U.S. at 559, 115 S.Ct. 1624 (rejecting application of Lopez prong two to Gun-Free School Zones Act, despite the fact that the regulated guns likely traveled through interstate commerce).