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Volvy Smilowitz v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-361 · judgment September 8, 2020

Certiorari denied · April 26, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Title 52, Section 10307(c), proscribes certain wrongful conduct in connection with voting and registering to vote. By its express terms, Section 10307(c) applies to only federal elections. Did the Second Circuit err in widening the scope of the election statute to allow federal oversight of a purely local state election?

  2. The Travel Act proscribes an interstate-nexus “bribery.” Did the Second Circuit err in expanding the scope of the Travel Act to allow federal prosecution of conduct that does not constitute bribery under the applicable state, common law, or commercial definitions of that crime?

Counsel of record

For petitioner
Donna Aldea
Barket Epstein Kearon Aldea & Loturco LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 26 2021
    Petition DENIED.
  2. Apr 07 2021
    DISTRIBUTED for Conference of 4/23/2021.
  3. Apr 01 2021
    Waiver of right of respondent USA to respond filed.
  4. Mar 12 2021
    Petition for a writ of certiorari filed. (Response due April 23, 2021)