- Associated Press - Wednesday, March 2, 2016

CEDAR RAPIDS, Iowa (AP) - A federal judge is upholding a hate crime charge against a white Iowa man who viciously attacked a black man at a Dubuque bar.

U.S. District Judge Linda Reade rejected a motion Wednesday to dismiss the charge by Randy Metcalf, who argued the law was an unconstitutional exercise of congressional power.

Reade says that Congress rationally determined that racially motivated violence is a “badge of slavery.” She says the hate crime law therefore complies with Congress’s power under the 13th Amendment.

Metcalf is charged in the January 2015 beating of a 31-year-old man at the Northside Bar in Dubuque. Surveillance video from the bar shows Metcalf kicking and stomping on the man’s head, even while he lay motionless on the floor.

Trial is set for March 28 in Cedar Rapids.

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