Volume
74
Abstract
For the past forty years, the United States Supreme Court and federal prosecutors have waged an ongoing battle over statutory interpretation. As federal prosecutors have applied broad statutory interpretations to a variety of offenses, the Supreme Court, in a rare show of unanimity, have pushed back by interpreting the statutes narrowly. Throughout this process, the Supreme Court has employed a variety of rationales to support the narrow interpretations. Beginning with federalism concerns, the Court has more recently turned to fears about arbitrary and politically-motivated prosecutions. This article traces the evolution of this battle and concludes with insights about its future direction and how federal prosecutors can respond to this string of losses before the nation’s highest court.
Recommended Citation
Scott Ingram,
The Supreme Court vs. Federal Prosecutors,
74 Clev. St. L. Rev. Et Cetera
177
(2026)
available at https://engagedscholarship.csuohio.edu/etcetera/vol74/iss1/7