No. 20-1341

Volvy Smilowitz v. United States

Lower Court: Second Circuit
Docketed: 2021-03-24
Status: Denied
Type: Paid
Response Waived
Tags: bribery civil-rights election-fraud election-statute federal-elections federal-oversight state-elections state-law travel-act voter-fraud voting
Key Terms:
AdministrativeLaw SocialSecurity Immigration JusticiabilityDoctri
Latest Conference: 2021-04-23
Question Presented (AI Summary)

Whether federal government may regulate fraud in purely local state elections under 52 U.S.C. §10307(c)

Question Presented (from Petition)

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?

Docket Entries

2021-04-26
Petition DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-04-01
Waiver of right of respondent USA to respond filed.
2021-03-12
Petition for a writ of certiorari filed. (Response due April 23, 2021)

Attorneys

USA
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Volvy Smilowitz
Donna AldeaBarket Epstein Kearon Aldea & Loturco LLP, Petitioner
Donna AldeaBarket Epstein Kearon Aldea & Loturco LLP, Petitioner