Category: SCOTUS

Subscribe to SCOTUS RSS Feed

Second Circuit Affirms Broad Reading of Sec. 666 Bribery

The Supreme Court’s 2016 decision in United States v. McDonnell raised questions about the constitutionality of expansive interpretations of federal bribery statutes.  However, the bribery statute at issue in McDonnell—quid pro quo corruption defined at 18 U.S.C. § 201(a)(2)—is not the only bribery statute in federal prosecutors’ toolbox.  Since McDonnell was decided, federal prosecutors have increasingly relied on 18 … Continue Reading

SCOTUS Considers Challenge to DOJ’s “Bridgegate” Theory

The Supreme Court recently granted certiorari in a criminal case arising from a fraudulent scheme to cause massive gridlock at the George Washington Bridge in September 2013—otherwise known as the “Bridgegate” scandal. Bridget Anne Kelly, a staffer in then-Governor Chris Christie’s office, was convicted of wire fraud for her role in fabricating a fake traffic … Continue Reading

SCOTUS Finds SEC ALJ Appointments Unconstitutional

On June 21, 2018, the Supreme Court issued its highly anticipated opinion in Lucia v. SEC, finding that the manner in which the U.S. Securities and Exchange Commission (SEC) selects its “in-house” administrative law judges (ALJs) violates the Appointments Clause of the Constitution.  In a 7-2 decision, the Court held that ALJs are “inferior officers” … Continue Reading
LexBlog