the court charted a middle path between the government’s and Fischer’s views, ruling that 1512(c) covers some — but not all — conduct that obstructs an official proceeding. In other words, the court did not adopt the government’s position, which it said would “criminalize a broad ...
(Intervener) RESPONSE TO APPLICATION FOR LEAVE TO APPEAL, OF THE RESPONDENT, CARGILL, INCORPORATED (Pursuant to Rule 27 of the Rules ofthe Supreme Court ofCanada) Counsel for the Respondent, Cargill, Incorporated Agent for Counsel for the Respondent, Cargill, In...
pulled a fire alarm in the Capitol without punishment just before a vote; for protests inside the Court itself, the Justice Department has never charged any serious offenses. Justice Thomas asked whether the government was engaging in a kind of selective prosecution. “There have been many ...
The U.S. Supreme Court refused June 22 to review a Clean Water Act lawsuit brought by a local government in Alaska over whether permafrost on the site of a planned athletic field precluded it from being considered a regulated wetland (Fairbanks North Star Borough v. U.S. Army Corps of ...
Both the Pension Plan and the PBGC invoked the appellate jurisdiction of this Court under 28 U.S.C. § 1252. We noted probable jurisdiction, 464 U.S. 912 (1983), [Footnote 7] and now reverse. IIThe starting point for analysis is our decision inUsery v. Turner Elkhorn Mining Co.,428...
For the truth of the conclusions of physical science, observation is the supreme Court of Appeal. It does not follow that every item which we confidently accept as physical knowledge has actually been certified by the Court; our confidence is that it would be certified by the Court if it ...
“Once Congress has set the outer bounds of liability, the Executive Branch has the discretion to select particular cases to prosecute within those boundaries. By atextually narrowing §1512(c)(2), the Court has failed to respect the prerogatives of the political branches.” ...