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Litigation United States Supreme Court White Collar Crime

Implications of a More Conservative Supreme Court for White-Collar Practitioners

A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.

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With the selection of Judge Amy Coney Barrett as the proposed replacement for liberal icon Justice Ruth Bader Ginsburg, a 6-3 conservative majority may shape the future direction of the U.S. Supreme Court’s jurisprudence. The generally accepted wisdom is that a more liberal court equals a court more protective to the rights of a criminal defendant. But the color of the defendant’s “collar” may make a significant difference. In recent years, justices of the Supreme Court have tended to rule differently in white-collar crime cases than how their traditional labels of liberal or conservative would suggest in “blue-collar” crime cases.

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