Latest 2 Cases: Ramsek v. Beshear (Civil Procedure), United States v. Riccardi (Criminal Law)

The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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Ramsek v. Beshear

Docket: 20-5749

Opinion Date: March 3, 2021

Judge: Chad A. Readler

Areas of Law: Civil Procedure, Civil Rights, Constitutional Law, Government & Administrative Law

Kentucky Governor Beshear’s COVID-19 response included a “Mass Gathering Order” that prevented groups of more than 10 people from assembling for purposes including community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities.” Locations permitted to operate normally included airports, bus and train stations, medical facilities, libraries, shopping centers, or "other spaces where persons may be in transit” and “typical office environments, factories, or retail or grocery stores.” The ban on faith-based gatherings was enjoined in previous litigation. Plaintiffs alleged that the Order, facially and as applied, violated their First Amendment rights to free speech and assembly. While Governor Beshear threatened the plaintiffs with prosecution for holding a mass gathering at the state capitol to express their opposition to his COVID-19-related restrictions, he welcomed a large group of Black Lives Matter protestors to the capitol and addressed those protestors, despite their violation of the Order. The district court preliminarily enjoined the Order's enforcement. Governor Beshear withdrew the Order. The Sixth Circuit held that the withdrawal rendered the appeal moot. To the extent that the plaintiffs claim that a threat of prosecution for their past violations keeps the case alive, the court remanded for the district court to determine whether further relief is proper.

United States v. Riccardi

Docket: 19-4232

Opinion Date: March 3, 2021

Judge: Murphy

Areas of Law: Criminal Law

Riccardi, a postal employee, pleaded guilty to stealing 1,505 gift cards from the mail. The cards had an average value of about $35, a total value of about $47,000. The Sentencing Guidelines directed an increase in Riccardi’s guidelines range based on the amount of the “loss,” U.S.S.G. 2B1.1(b)(1) but does not define “loss.” The court used a $500 minimum loss amount for each gift card no matter its actual value or the victim’s actual harm, based on the Sentencing Commission’s commentary to section 2B1.1, providing that the loss “shall be not less than $500” for each “unauthorized access device." The calculation resulted in a loss amount of $752,500, and a guidelines range of 46-57 months’ imprisonment. The court imposed a 56-month sentence and ordered Riccardi to pay $89,102 in restitution, representing $42,102 in cash found at her home and the value of the gift cards. The Sixth Circuit reversed. Guidelines commentary may only interpret, not add to, the guidelines; even if there is some ambiguity in the use of the word “loss,” the commentary’s bright-line rule requiring a $500 loss amount for every gift card does not fall “within the zone of ambiguity.” This bright-line rule is not a reasonable interpretation of, as opposed to an improper expansion beyond, section 2B1.1’s text.