In a 5 to 3 opinion, the US Supreme Court found that state criminal offenses are analagous to their federal counterpart even though they do not have an interstate commerce connection. Interstate commerce is a jurisdictional hook that Congress inserts into many statutes in order for there to be a federal basis for Congress to regulate a particular habit. State Legislatures do not need this element and rarely have such an element. The majority found that this was a “jurisdictional element” not a “substantive element” and therefore did not need to be included. Justices Sotomayer, Thomas, and Breyer dissented. Torres v Lynch, Supreme Court No. 14-1096.