Jump to content

The "SCOTUS rules 6-3 that [bad things are allowed]" thread


Recommended Posts

WWW.VOX.COM

Snyder v. US is the Republican justices’ latest decision weakening anti-corruption laws.

 

Quote

On a 6-3 party-line vote, the Supreme Court ruled on Wednesday that state officials may accept "gratuities" from people who wish to reward them for their official actions, despite a federal anti-corruption statute that appears to ban such rewards.

 

Quote

The case involves James Snyder, a former mayor who accepted a $13,000 gratuity from a truck company after the city purchased five trash trucks from that company for $1.1 million. Snyder claims that the money was a consulting fee, but federal prosecutors nonetheless charged him with violating an anti-corruption statute.

 

Snyder turns on a distinction between "bribes" and "gratuities." As Kavanaugh writes, "bribes are payments made or agreed to before an official act in order to influence the official with respect to that future official act." Gratuities, by contrast, "are typically payments made to an official after an official act as a token of appreciation."

 

  • Guillotine 3
Link to comment
Share on other sites

I'm really impressed with you ethical handling of our business arrangements! As a token of my respect, here's a pocket full of money. Do something nice for yourself, you're a good person and you deserve it. 

Link to comment
Share on other sites

I imagine that a lot of practicing law is like this, but when I read decisions like this I'm still perplexed at how someone can read text and come to such a different conclusion. In the decision, page 7 gives us the text for section 666, which reads:

 

Quote

“Whoever . . . being an agent of an organization, or of a State, local, or
Indian tribal government, or any agency thereof [that receives more than
$10,000 in federal funds annually] corruptly solicits or demands for the
benefit of any person, or accepts or agrees to accept, anything of value
from any person, intending to be influenced or rewarded in connection
with any business, transaction, or series of transactions of such
organization, government, or agency involving any thing of value of
$5,000 or more; . . . shall be fined under this title, imprisoned not more
than 10 years, or both.”

 

On page 12 Kavanaugh writes:

Quote

The Government had to choose between two options for
how to read §666. The Government could read §666 to ban
all gratuities, no matter how trivial, in connection with
covered official acts. That option might be clear enough.
But that draconian approach would border on the absurd
and exacerbate the already serious federalism problems
with the Government’s reading of §666.
Alternatively, the Government could recognize the
irrationality of reading §666 to criminalize all such
gratuities. And to deal with the overbreadth problems, the
Government could make atextual exceptions on the fly.
The Government opted for the second approach, seeking
to soothe concerns about overbreadth by saying that the
statute, even under its view, would not cover “innocuous” or
“obviously benign” gratuities. Brief for United States 39;
Tr. of Oral Arg. 41, 45–49.
But that effort to address those overbreadth concerns has
simply moved the Government from one sinkhole to
another. The flaw in the Government’s approach—and it is
a very serious real-world problem—is that the Government
does not identify any remotely clear lines separating an
innocuous or obviously benign gratuity from a criminal
gratuity. The Government simply opines that state and
local officials may not accept “wrongful” gratuities. Brief
for United States 39; Tr. of Oral Arg. 46.
That is no guidance at all. Is a $100 Dunkin’ Donuts gift
card for a trash collector wrongful? What about a $200 Nike
gift card for a county commissioner who voted to fund new
school athletic facilities? Could students take their college
professor out to Chipotle for an end-of-term celebration?
And if so, would it somehow become criminal to take the
professor for a steak dinner? Or to treat her to a Hoosiers
game?

It's not all that many words. Did we read the same thing? No, a $100 Dunkin' giftcard isn't a problem because it's under $5,000. None of this is a problem. It only comes up if you leap through all the crazy hoops that he does in order to not read the text as written. Moreover, he only decides to jump through all those hoops over the word "corruptly." It's a wild game of running around what otherwise seems to be a pretty straightforward law.

 

Reading Jackson's dissent is by contrast, very straightforward. She basically just says, again and again, "the text here is pretty clear, just read the words on the page." Turns out if you just read the words like any normal person, there doesn't seem like a lot to argue about. Yeah, maybe it could be more clear, but this court had the ability to clarify those rules.

Link to comment
Share on other sites

If you thought “tipping” culture was out of control before…

 

cant wait to commit a crime and offer a cop a gratuity… 

 

“its not prostitution, its a consensual encounter with a gratuity for proper enunciation” 

Link to comment
Share on other sites

guess now that the Courts immunity has been shown to be locked in they decided to start acting with impunity… this bodes well for Trump, the corruption of the SCOTUS with no mechanisms for punishment means he can press the “SCOTUS” button and overturn anything significant that goes against him…..  I cant wait to see how the SCOTUS is leveraged against a “contested” election result…. checks and balances lol, quaint

  • Halal 1
Link to comment
Share on other sites

2 hours ago, marioandsonic said:
WWW.CBSNEWS.COM

The Supreme Court ruled 5-4 to grant the request from Ohio, two other states and energy companies.

 

We really need a SCOTUS general to keep track of this shit.

 

How much of a gratuity will the 5 get for the ruling?

Link to comment
Share on other sites

While we're on the topic of the court, the Purdue Pharma bankruptcy ruling is pretty interesting, and a rare decision that wasn't decided on the standard ideological lines.

 

The majority opinion throws out a long delayed and complex bankruptcy deal that many debtors and affected families were anxious to see put into effect. There were a lot of states and individuals that were looking forward to getting part of the $6B settlement, and now they're back at square one. However, that ruling protected the Sackler family in a way that always seemed wrong to me. Their company goes bankrupt and now they are personally shielded from any lawsuit or claim against themselves, including any claims that they pulled in too much money from that company? That felt like letting them off the hook in a way that a bankruptcy court shouldn't be able to decide.

 

I didn't read much of the decision itself, which is pretty technical and boring, but I honestly don't know which side I agree with on this one, though I'm leaning towards the majority. I don't want the Sacklers to get protection from any other potential cases. I want to see as many parties as possible go after their blood money and suck them dry. Their company went bankrupt, but they'll were all going to remain filthy rich. They still might (and probably will), but at least now there is the chance for more cases to be brought against them. I do feel bad for all the individuals and organizations that were hoping to use the settlement money to rebuild their lives and do some good, but I wasn't exactly confident that the states would put that money to use in the best ways. Hopefully they all still get paid, it'll just take a while longer.

Link to comment
Share on other sites

4 minutes ago, TwinIon said:

While we're on the topic of the court, the Purdue Pharma bankruptcy ruling is pretty interesting, and a rare decision that wasn't decided on the standard ideological lines.

 

The majority opinion throws out a long delayed and complex bankruptcy deal that many debtors and affected families were anxious to see put into effect. There were a lot of states and individuals that were looking forward to getting part of the $6B settlement, and now they're back at square one. However, that ruling protected the Sackler family in a way that always seemed wrong to me. Their company goes bankrupt and now they are personally shielded from any lawsuit or claim against themselves, including any claims that they pulled in too much money from that company? That felt like letting them off the hook in a way that a bankruptcy court shouldn't be able to decide.

 

I didn't read much of the decision itself, which is pretty technical and boring, but I honestly don't know which side I agree with on this one, though I'm leaning towards the majority. I don't want the Sacklers to get protection from any other potential cases. I want to see as many parties as possible go after their blood money and suck them dry. Their company went bankrupt, but they'll were all going to remain filthy rich. They still might (and probably will), but at least now there is the chance for more cases to be brought against them. I do feel bad for all the individuals and organizations that were hoping to use the settlement money to rebuild their lives and do some good, but I wasn't exactly confident that the states would put that money to use in the best ways. Hopefully they all still get paid, it'll just take a while longer.


Don’t feel too bad.  There was an episode of Last Week Tonight where they were talking about that opioid money and a shit ton of it is getting handed to the police like candy.

Link to comment
Share on other sites

2 hours ago, LazyPiranha said:


About the case, or about the money going to cops?


The concept that payment before you do a deal is bad but after you do the deal is ok. 

This shit is everywhere now.
spacer.png

  • Haha 1
  • True 1
Link to comment
Share on other sites

  • CitizenVectron changed the title to The "SCOTUS rules 6-3 that [bad things are allowed]" thread
WWW.PBS.ORG

The justices ruled that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.

 

Quote

 

The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge that also has been brought against former President Donald Trump.

 

The justices ruled that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that

 

defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.

The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly.

 

It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected.

 

 

Quote

ROBERTS, C. J., delivered the opinion of the Court, in which THOMAS, ALITO, GORSUCH, KAVANAUGH, and JACKSON, JJ., joined. JACKSON, J., filed a concurring opinion. BARRETT, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined.

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...