Fowler v. United States
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Mar 29, 2011
|May 26, 2011||7-2||Breyer||OT 2010|
Holding: To establish a violation of Section 1512(a)(1)(C), which makes it a crime to kill another person, with intent . . . to prevent the communication by any person to a [federal] law enforcement officer of information relating to the . . . possible commission of a Federal offense,the government must show that there was a reasonable likelihood that a relevant communication would have been made to a federal officer.
Plain English Holding: A federal statute makes it a crime to kill someone to try to prevent that person from passing on information regarding a federal crime to federal (although not to state) law enforcement officials. A defendant is guilty of violating this statute only if the government can show that there was a reasonable chance that the information would actually have been passed to a federal officer.
Judgment: vacated and remanded, 7-2, in an opinion by Justice Breyer on May 26, 2011. Justice Scalia concurred in the judgment. Justice Alito wrote a dissenting opinion, which Justice Ginsburg joined.
- Opinion analysis: Fowler v. United States (Amy Burns)
- This week at the Court: In Plain English (Lisa McElroy)
- Argument analysis: The Court debates intent versus reasonable possibilities (Brooks Holland)
- Argument preview: Fowler v. United States (Adam Schlossman)
- Last week at the Court - in Plain English (Lisa McElroy)
Briefs and Documents
- Brief for Petitioner Charles Fowler
- Brief for Respondent United States of America
- Reply Brief of Petitioner