Justices Overturn Convictions In Bridgegate Scandal | Mystery Swirls Around Supreme Court Flush
May 7, 2020
WATER UNDER THE BRIDGE
|This morning the Supreme Court unanimously overturned the criminal convictions of two associates of former New Jersey GOVERNOR CHRIS CHRISTIE who were involved in the “Bridgegate” scandal. The justices further chipped away at public corruption case law with this ruling, as JUSTICE ELENA KAGAN wrote for the court that the two associates couldn’t be prosecuted for fraud under federal law for the decisions they made to contrive a traffic jam. Kagan wrote, “The evidence the jury heard no doubt shows wrongdoing — deception, corruption, abuse of power. But the federal fraud statutes at issue do not criminalize all such conduct. Under settled precedent, the officials could violate those laws only if an object of their dishonesty was to obtain the Port Authority’s money or property.”
IN THE WIND
|The Supreme Court yesterday wrestled with whether the Trump administration may allow employers or universities to deny women free contraception coverage under the Affordable Care Act if they have religious or moral objections. Justice seemed to be divided on the issue, with four of the conservative justices appearing to approve of allowing for these exemptions. The four liberal justices asked questions that indicated they were on the other side of the debate, with JUSTICE RUTH BADER GINSBURG making her position particularly clear — even though she had to dial in from the hospital. She said, “The glaring feature of what the government has done in expanding this exemption is to toss to the winds entirely Congress’s instruction that women need and shall have seamless, no-cost, comprehensive coverage. This leaves the women to hunt for other government programs that might cover them.”
SPEAKING OF
|The Notorious RBG seems to be doing just fine. JUSTICE GINSBURG was released from the hospital yesterday after being treated for gallstones. A court spokesperson said the 87-year-old is doing well and is glad to be home.
FEELING FLUSHED
|During yesterday’s remote oral arguments, it seemed as though someone forgot to mute their line and everyone listening in could hear what sounded like a toilet flushing. The presumed flush came toward the end of arguments in Barr v. American Association of Political Consultants as lawyer Roman Martinez was responding to questions from JUSTICE ELENA KAGAN. No one on the phone acknowledged the noise, nor was there any note of it in the transcript. Just in the hearts and minds of everyone listening in to the Supreme Court (or someone) doing their business.
AWK SAUCE
|The Supreme Court flush yesterday may have been heard round the world, but it’s by no means the first time an awkward moment has transpired among justices. For The National Law Journal, Mike Scarcella and Tony Mauro rounded up a list of “cringe-inducing” moments, including the times (yes plural) when folks would mistake JUSTICE RUTH BADER GINSBURG for JUSTICE SANDRA DAY O’CONNOR. How? Oh, because all women sound the same of course!
TOP-ED
|“Amid all the well-justified worry during this troubled election season about vote suppression, the most direct threat to having every vote count has been hiding in plain sight: ‘faithless electors’ who might cast their Electoral College votes according to their own preferences rather than for the choice of their states’ voters.” Linda Greenhouse with The New York Times previews the cases justices will hear next week regarding faithless electors. She says that after doing her homework on whether states have the power to bind their electors, she became persuaded that the answer ought to be clear to SCOTUS.
COMIN' AT YOU LIVE
|For info on how to listen live to the Supreme Court’s remote oral arguments this month, go to Fix the Court’s schedule of cases. You’ll find information on how to access the live feeds, as well as background on the cases that will be argued.