Thomas, J., concurring

SUPREME COURT OF THE UNITED STATES

No. 99—5739

DEWEY J. JONES, PETITIONER v. UNITED STATES

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

[May 22, 2000]

Justice Thomas, with whom Justice Scalia joins, concurring.

In joining the Court’s opinion, I express no view on the question whether the federal arson statute, 18 U.S.C. § 844(i) (1994 ed., Supp. IV), as there construed, is constitutional in its application to all buildings used for commercial activities.