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Yet Again, The Supreme Court Rejects The DOJ’s Overly Expansive Interpretation Of A Criminal Law


Today’s post is very similar to this post from last month. In other words, yet another post (see here and here for prior posts) generally regarding the topic “if only the Supreme Court accepted the “foreign official” challenge” in 2014.

In a statutory interpretation case released yesterday that was very similar to the statutory interpretation issues in the “foreign official” challenge, the Supreme Court in a 7-2 opinion authored by Justice Breyer once again rejected the DOJ’s overly expansive interpretation of a criminal law.

As stated by the opinion, the issue presented in Marinello v. U.S. was: “A clause in §7212(a) of the Internal Revenue Code makes it a felony “corruptly or by force” to “endeavo[r] to obstruct or imped[e] the due administration of this title.” 26 U. S. C. §7212(a). The question here concerns the breadth of that statutory phrase. Does it cover virtually all governmental efforts to collect taxes? Or does it have a narrower scope?”

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