Supreme Court

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest

Supreme Court

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities.

North Carolina legislators asks justices to hear independent-state-legislature theory on the merits

In Moore v. Harper, North Carolina Representative Timothy Moore asks the Supreme Court to consider the independent-state-legislature theory that the … Read the rest