What is the appropriate venue for a crime committed on an airplane in flight? United States v. Lozoya, No. 17-50336, decided today by the Ninth Circuit grapples with that problem. The case is only a misdemeanor assault, but the problem could arise in much more serious cases.

Is it even within the capacity of Congress to fix? There are constitutional limitations on trial outside the state where the crime was committed. See U.S. Const. art. III § 2 & Amdt. 6. The former provision also says, "but when not committed within any State, the Trial shall be at such Place or Places as Congress may by Law have directed." It would make sense for all airspace above a certain altitude to be federal territory, but that would raise constitutional questions of its own.