Supreme Court Rules Public Corruption Law Allows Gifts to Officials

The court, which has limited the sweep of several anti-corruption laws, distinguished after-the-fact rewards from before-the-fact bribes.

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Supreme Court Rules Public Corruption Law Allows Gifts to Officials | INFBusiness.com

In recent years the Supreme Court has narrowly interpreted anti-corruption laws.

The Supreme Court limited the sweep of a federal law on Wednesday aimed at public corruption, ruling that it did not apply to gifts and payments meant to reward actions taken by state and local officials.

The 6-to-3 ruling, which split along ideological lines, was the latest in a series of decisions cutting back federal anti-corruption laws.

Justice Brett M. Kavanaugh, writing for a conservative majority, said that the question in the case was whether federal law makes it a crime for state and local officials to accept such gratuities after the fact. He wrote, “The answer is no.”

Federal prosecutors’ interpretation of the law created traps for public officials, leaving them to guess what gifts were allowed, he added. If they guessed wrong, the opinion continued, the officials could face up to a decade in prison.

The decision reflected a sharp divide on the court, with Justice Ketanji Brown Jackson, joined by Justices Elena Kagan and Sonia Sotomayor, dissenting. While the conservative wing asserted that the ruling gave discretion to state and local governments and protected officials from having to guess whether their behavior had crossed a criminal line, the liberals said the decision represented more chipping away of a statute aimed at protecting against graft.

“Officials who use their public positions for private gain threaten the integrity of our most important institutions,” Justice Jackson wrote. “Greed makes governments — at every level — less responsive, less efficient and less trustworthy from the perspective of the communities they serve.”

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