The Supreme Court this morning passed down their opinions for Skilling v. United States, Black v. United States, and Weyhrauch v. United States, the so-called 'honest services' cases. Apparently, it has been held that to constitute honest services fraud, the government must show evidence of bribery or a kickback. I just printed the opinions and will read them today.
Opinion for Skilling
Opinion for Black
Opinion for Weyhrauch
For the record, Justices Scalia, Thomas, and Kennedy would've voted to fully overturn the honest services statute as unconstitutional. Interestingly, and against my predictions, Alito and Roberts did not join Scalia's and Kennedy's concurring opinions, in which they express that view.
I was right, however, that most justices seemed to take issue with the statute. The ruling was 9-0. My guess had been either 7-2 or 8-1. Stevens, however, apparently joined the fold.
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