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Brief in Support of Petitioner
U.S. Supreme Court
In this brief, we argue for the Court to reject expansive federal prosecutorial theories to maintain fair notice for defendants and keep federalism intact. Amorphous theories of criminal liability should not sway the courts and prosecutors should not be able to convert every local transgression into a federal crime.
Filed with Washington Legal Foundation.
The Supreme Court reversed the lower court’s ruling in a 6-3 decision and narrowed the scope of federal bribery prosecutions on June 27, 2024. You can read the decision here.
We thank Christopher Man and Abbe David Lowell for their pro bono work on this issue.
Brief in Support of Certiorari
U.S. Supreme Court
In this brief, we argued that allowing the federal government to civilly commit someone after their criminal charges have been dismissed exceeds Congress’s constitutional authority and threatens fundamental liberty. Federal civil commitment has historically been limited to individuals lawfully in federal custody, but the lower court’s decision would permit indefinite detention even when a person has never been convicted and is no longer awaiting trial. Expanding federal power in this way risks dramatically broadening civil commitment authority and intruding on the states’ traditional role in addressing mental health and public safety.
Filed with the Cato Institute.