on Apr 7, 2011 at 8:30 am
Jeff Skilling, former Enron CEO and Petitioner in the 2010 case Skilling v. United States, in which the Court held that the â€œhonest servicesâ€ fraud statute covers only bribery and kickback schemes, lost the appeal of his conviction in the Fifth Circuit. Ashby Jones of the WSJ Law Blog explains the courtâ€™s decision: â€œ[E]ven though the application of the honest-services fraud statute may have been wrong, the error was, in legal parlance, â€˜harmless.â€™ Thus, Skillingâ€™s conviction stands.â€™â€ Reuters, the Associated Press, the Wall Street Journal, Sentencing Law and Policy blog, and Bloomberg also have coverage.
- The editorial board of the New York Times discusses Wal-Mart v. Dukes, the gender-discrimination class action, and suggests that â€œ[i]f the Court rejects this suit, it will send a chilling message that some companies are too big to be held accountable.â€
- The editorial board of the Los Angeles Times argues that the Courtâ€™s recent decision in Arizona Christian School Tuition Organization v. Winn, in which the Court held that challengers to an Arizona tax credit lacked standing to bring their Establishment Clause challenge, â€œwill make it harder in the future for taxpayers to challenge programs that breach the wall between church and state.â€
- At her New York Times Opinionator blog, Linda Greenhouse suggests, in light of the Courtâ€™s denial of three Guantanamo cert. petitions on Monday, that the Court might be â€œfinally finished with Guantanamo.â€
- At Constitutional Law Prof Blog, Ruthann Robsonâ€™s â€œFootnote of the Dayâ€ highlights a â€œdeep disagreementâ€ between the majority and the dissent in Citizens United as to the meaning of footnote 26 of First National Bank of Boston v. Bellotti, a 1978 case (Part I is here; Part II is here).