She references an “absurd and a-textual reading of the statute is one only today’s Court could love.”
Commentprohibit state and local officials from accepting “gratuities” from pleased parties as a reward for favored treatment. In an opinion authored by Justice Brett Kavanaugh, the conservative supermajority distinguished between bribes you can agree toyou do someone a favor and gifts you accept quietly after .
The facts of the case illustrate this problem well. James Snyder was a mayor of a town in Indiana. His administration gave a lucrative contract to a truck company. The company then turned around and cut him a check for $13,000 as a token of their appreciation. He is being “rewarded” under the terms of the statute.
The murder happens in plain sight! Kavanaugh basically says that “gratuities” are no big deal—they’re “often commonplace and innocuous,” like a family giving “a holiday tip to the mail carrier.
“Corruptly” is a key word in another law: the federal obstruction statute that’s at issue in the Jan. 6 case,. And in reading it so narrowly here, both Kavanaugh and Gorsuch may well be telegraphing their desire to read it narrowly there, too, in favor of the Jan. 6 defendants. Gorsuch also brought up the “rule of lenity,” this principle that ambiguous federal statutes should be interpreted in favor of criminal defendants so they can have fair notice of what’s forbidden.
So yes, I think Jackson is blowing off some steam that’s maybe been gathering since the exposés of their corruption first dropped. She is using her dissent as an opportunity to tell the public that we should not buy into this naive and narrow vision of corruption that the majority blesses here. It’s bad whether some mayor in Indiana is doing it, and it’s bad when Supreme Court justices do it.
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