Robert J. Anello and Richard F. Albert Testing SCOTUS's 'Unmistakable Trend' in Shadow of Trump Prosecution
'Fischer' presents an interesting test of whether SCOTUS will continue its "unmistakable" message that courts should not assign federal criminal statutes a potentially wide-ranging scope "when a narrower reading is reasonable." To court watchers, the odds appear to be against affirmance. The case's potential impact on the Trump prosecution makes it all the more intriguing.
April 10, 2024 at 10:00 AM
11 minute read
Fischer v. United States, No. 23-5572 (2023), an appeal scheduled to be argued this Tuesday by a defendant charged for physically obstructing Congress' joint session to certify the result of the 2020 Presidential Election, is the latest test of the Supreme Court's pattern of rejecting broad interpretations of federal criminal statutes. See R. Anello & R. Albert, "SCOTUS Confirms "Unmistakable Trend" in Narrowing Identity Theft Statute", N.Y.L.J. (Aug. 10, 2023).
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