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watwuttoday at 12:55 PM1 replyview on HN

It was SCOTUS, literally. They literally weakened the legislation. And by SCOTUS we mean conservative majority specifically.

From dissent of disagreeing SCOTUS justice: "absurd and atextual reading of the statute is one only today’s Court could love."


Replies

DeepSeaTortoisetoday at 6:05 PM

> They literally weakened the legislation.

IMO that's not the case, because if a legislation looses its intended focus, it gains a lot of arbitrariness in return. The more interpretations you consider valid, the more options you can choose from when applying it.

So, obviously, the legislation had to be returned to a single interpretation, the one Congress intended (or the one the court thinks is the best if you believe courts should hold legislative power).

Which leads directly to the second issue: Which was the interpretation Congress intended?

> From dissent of disagreeing SCOTUS justice: "absurd and atextual reading of the statute is one only today’s Court could love."

The majority opinion analyses this issue with 6 different approaches, including a textual one, arriving at similar conclusions from each.

The dissenting opinion on the other hand argues, that all other approaches but the textual one should be rejected.

The dissenting opinion's textual interpretation strongly asserts, that Congress intended with "accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded" to address both bribes (intending to be influenced) and gratitudes (intending to be rewarded).

The majority opinion argues that if you were to divorce the concept of a reward from the prior intent during the influenced/rewarded actions in a statute that criminalizes accepting something of value rather than the intent itself (because how would that even be possible?), you end up with a situation in which being promised something of value, but only receiving it after the influenced actions have been completed, would no longer fulfill the requirements to be considered a bribe.

Basically the majority argues that if they are correct (666 being a bribery rather than a combined bribery + gratitudes statute), Congress still would have had to use language at least equivalent to the one at hand and therefore additional tests to deduce the intent of the 99th Congress can not be disregarded.