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On a 6-3 party-line vote, the Supreme Court ruled on Wednesday that state officials may accept “gratuities” from people who wish to reward them for their official actions, despite a federal anti-corruption statute that appears to ban such rewards.
Justice Brett Kavanaugh wrote the opinion in Snyder v. United States for the Court’s Republican-appointed majority. Justice Ketanji Brown Jackson wrote the dissent on behalf of the Court’s three Democratic appointees.
Snyder turns on a distinction between “bribes” and “gratuities.” As Kavanaugh writes, “bribes are payments made or agreed to before an official act in order to influence the official with respect to that future official act.” Gratuities, by contrast, “are typically payments made to an official after an official act as a token of appreciation.” (Emphasis added.)
If that seems like a negligible difference, the facts of this case will probably only underscore that sentiment.
The case involves James Snyder, a former mayor who accepted a $13,000 gratuity from a truck company after the city purchased five trash trucks from that company for $1.1 million. Snyder claims that the money was a consulting fee, but federal prosecutors nonetheless charged him with violating an anti-corruption statute.
That statute prohibits state officials from “corruptly” accepting “anything of value from any person, intending to be influenced or rewarded” for an official act.
As Jackson writes in her dissent, the most natural reading of this statute is that it targets both bribes (payments that “influenced” a future decision) and gratuities (payments that “rewarded” a past decision). As Jackson writes,
Everyone knows what a reward is. It is a $20 bill pulled from a lost wallet at the time of its return to its grateful owner. A surprise ice cream outing after a report card with straight As. The bar tab picked up by a supervisor celebrating a job well done by her team. A reward often says “thank you” or “good job,” rather than “please.”
Jackson argues that the statute should be read to prohibit “rewards corruptly accepted by government officials in ways that are functionally indistinguishable from taking a bribe,” much like the payment at issue in this case appears to be.
Kavanaugh’s majority opinion, meanwhile, relies heavily on policy arguments and other claims that go beyond the statute’s text. He does attempt to make a textual argument — Kavanaugh notes that the statute at issue in Snyder, like a different statute that only concerns bribes, uses the word “corruptly” — but his best arguments are atextual.
Kavanaugh’s strongest argument is that the law makes it a very serious crime, punishable by up to 15 years in prison, for a federal official to accept a bribe, but federal officials who accept gratuities only risk two years in prison. Meanwhile, the statute at issue in Snyder, which only applies to state officials, applies a 10-year sentence across the board. So Kavanaugh argues that it would be odd to read the law to draw a sharp distinction between bribes and gratuities given to federal officials but to make no distinction when state officials accept a gift.
In any event, the decision in Snyder is narrow. It does not rule that Congress could not ban gratuities. It simply rules that this particular statute only reaches bribes. That said, the Court’s Republican majority also has a long history of imposing constitutional limits on the government’s ability to fight corruption and restrict money in politics.
It’s also notable that neither Justice Clarence Thomas nor Justice Samuel Alito, both of whom have accepted expensive gifts from politically active Republican billionaires, recused themselves from the case. Thomas and Alito both joined Kavanaugh’s opinion reading the anti-corruption statute narrowly.
