Pub. 21 2024 Issue 2

In a third ruling recently issued by the Supreme Court, it essentially legalized bribery. In the case Snyder v. United States, the court ruled 6-3 that “gratuities,” i.e. post-facto gifts and payments, are not technically bribes, and is, therefore, not illegal. The majority’s interpretation held that bribes are only issued before the desired official act, and their meaning is therefore more explicit. The majority deemed that the concept of gratuities, often expressed in gifts and payments of great value, is issued in a more nebulous grey area, and, therefore, not illegal. The case concerns James Snyder, who, in 2013, was serving as the mayor of the town of Portage, Indiana. In late 2013, the city of Portage awarded a contract to trucking company Great Lakes Peterbilt and bought five tow trucks from them. A few weeks later, Snyder asked for and accepted a check for $13,000 from the company. Snyder was found guilty of corruption and sentenced to 21 months in federal prison. Snyder argued that the kickback was not illegal because it came after he awarded a contract to the company that ultimately paid him off, not before. Ridiculously, the Supreme Court agreed with Snyder, classifying such payments as tokens of appreciation and claiming they are not illegal when they are not the product of an explicit agreement meant to influence official acts in exchange for money. The court has taken an absurdly narrow interpretation of corruption, one in which only explicit, openly stated deals count as “corruption,” and all other forms of influence-peddling are something far more above board. In the majority opinion, Justice Brett Kavanaugh writes that in order to be an illegal bribe, a gift or payment must be accompanied by a “corrupt state of mind” on behalf of the official or benefactor. Obviously, it is practically impossible to prove a “corrupt state of mind,” so the majority ruling gives corruption an absurdly wide berth. As Justice Ketanji Brown Jackson wrote in her dissent, “The bribery versus gratuity distinction allows officials to accept rewards for official acts in ways that are functionally indistinguishable from taking a bribe.” The mythology around the Supreme Court has been shattered, and a majority of Americans understand that it is a political entity, set on implementing a radical, unpopular political agenda through a series of unprecedented rulings. The justices aren’t all high-minded custodians of the law but highly influenced political actors in many cases. These unelected judges are issuing rulings that will further the disconnect between the desires of the American people and what comes out of Washington, D.C. There is a broad sense right now that, no matter what side of the political spectrum one falls on, the government isn’t remotely responsive to the desires of the American populace in any way. With these latest series of rulings, not all of which were discussed above, they have doubled down on the disconnect. They have decided that any semblance of democracy in America should be done away with. The Supreme Court’s recent actions should make Americans question how such an institution, subject to no accountability or even the slightest public input, has come to arguably become the most powerful governing entity in the country. Congress essentially doesn’t act anymore except in its own interests, handing an incredible amount of power to the courts. This should be alarming to any American who wants to hang on to any semblance of democracy. 17

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