Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act

This article focuses on the U.S. Supreme Court's recent decision, in "U.S. v Morrison", to strike down s.13,981 of the Violence Against Women Act (VAWA) for violating the Commerce Clause and the State Action Doctrine. VAWA s.13,981 provides a civil remedy for victims of gender-motivated violence against their abusers. The article takes the position that the Supreme Court should have upheld the private right of action. The article discusses the implications of this decision and draws links to the United States' international obligations under the International Covenant on Civil and Political Rights (ICCPR) and customary international law. It further discusses the implications of the United States' failure to ratify treaties such as the Convention on the Elimination of Discrimination Against Women (CEDAW), as well as the resultant lack of implementing legislation. The article expresses concern over the United States' credibility in the realm of human rights, and holds that the United States must focus on enacting legislation to fulfill its international obligations to restore its reputation as a leader in human rights.