Supreme Court of the United States, 2021

Silver v. United States

Silver v. United States
Supreme Court of the United States · Decided January 25, 2021 · Neil Gorsuch

Silver v. United States

Opinion

Cite as: 592 U. S. ____ (2021) 1 GORSUCH, J., dissenting SUPREME COURT OF THE UNITED STATES SHELDON SILVER v. UNITED STATES, ET AL.

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 20–60. Decided January 25, 2021 The petition for a writ of certiorari is denied.

JUSTICE GORSUCH, with whom JUSTICE THOMAS joins, dissenting from denial of certiorari.

Normally, extortion and bribery are treated as distinct crimes. In Evans v. United States, 504 U. S. 255 (1992), however, this Court conflated them for purposes of the Hobbs Act when a public official is the defendant. Id., at 260. Chief Justice Rehnquist and Justices Scalia, THOMAS, and BREYER have all questioned that judgment. See id., at 278 (THOMAS, J., joined by Rehnquist, C. J., and Scalia, J., dissenting); Ocasio v. United States, 578 U. S. ___, ___ (2016) (BREYER, J., concurring) (slip op., at 1); id., at ___– ___ (THOMAS, J., dissenting) (slip op., at 1–2). I would have granted this case to reconsider Evans in light of these thoughtful criticisms.

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