At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Issue: (1) Whether, in the context of a First-Amendment-protected
contribution to a judicial campaign, the
McCormick v. United States holding that campaign contributions
cannot constitute bribery unless “the payments
are made in return for an explicit promise or
undertaking by the official to perform or not to
perform an official act” mean “explicit,” or if not
an explicit agreement, a certain quality and
quantity of evidence is needed to permit a jury to
only infer that an explicit agreement existed; (2) whether this standard requires proof of an “explicit”
quid pro quo promise or undertaking in the
sense of actually being communicated expressly,
as various circuits have stated; or whether there can be
a conviction based instead only on the jury’s
inference that there was an unstated, inferred
and implied agreement, a state of mind,
connecting the contribution and the corrupt
official action; (3) whether a public official may be prosecuted for the
receipt of lawful campaign contributions in the
absence of sufficient evidence of an “explicit”
quid pro quo connection between those lawful
campaign contributions and some official act; and (4) whether there must be there be a specific link with or connection
between the giving of a campaign contribution
from a donor to a public official for use in a
political campaign and the latter’s performance
of a specific and particular official act in order to sustain an Honest Services statute conviction
and avoid a First Amendment concern.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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