Supreme Court of the United States · Official docket →
Brian Benjamin v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-3091 · judgment March 8, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Where the government charges an elected official with bribery for accepting campaign contributions in exchange for lawful constituent services, McCormick v. United States, 500 U.S. 257 (1991), requires that the government prove an “explicit” quid pro quo agreement to exchange the contributions for an official act. The question presented, on which (as the Second Circuit acknowledged) the lower courts have failed to provide a consistent or clear answer, is: Does “explicit” mean a quid pro quo agreement of any kind, including one that is inferred or implied; or is a heightened quid pro quo standard necessary in light of the First Amendment principles involved in the campaign-contribution context?
Counsel of record
For petitioner
Barry Berke
Gibson, Dunn & Crutcher LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Dec 16 2024Petition DENIED.
- Nov 26 2024DISTRIBUTED for Conference of 12/13/2024.
- Nov 25 2024Reply of petitioner Brian Benjamin filed. (Distributed)
- Nov 08 2024Brief of respondent United States in opposition filed.
- Sep 19 2024Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2024.
- Sep 18 2024Motion to extend the time to file a response from October 9, 2024 to November 8, 2024, submitted to The Clerk.
- Sep 09 2024Brief amicus curiae of Due Process Institute filed.
- Sep 09 2024Brief amici curiae of Current and Former New York Elected Government Officials filed.
- Sep 06 2024Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2024.
- Sep 05 2024Motion to extend the time to file a response from September 9, 2024 to October 9, 2024, submitted to The Clerk.
- Aug 05 2024Petition for a writ of certiorari filed. (Response due September 9, 2024)
- Apr 12 2024Application (23A897) granted by Justice Sotomayor extending the time to file until August 5, 2024.
- Apr 05 2024Application (23A897) to extend the time to file a petition for a writ of certiorari from June 6, 2024 to August 5, 2024, submitted to Justice Sotomayor.