Yesterday, in Snyder v. United States, the Supreme Court held that 18 USC 666 prohibits bribes to state and local officials, but does not prohibit  gratuities to state and local officials. The difference between a bribe and a gratuity is largely one of timing of the agreement: a bribe is given to a public official to induce them to take future action, while a gratuity is given to a public official to thank them for taking a past action.  (But, note that “rewards” are still covered by Section 666). Applying the statute to gratuities would create “traps for unwary state and local officials.” The court trots out various examples:  “Is a $100 Dunkin’ Donuts gift card for a trash collector wrongful? What about a $200 Nike gift card for a county commissioner who voted to fund new school athletic facilities? Could students take their college professor out to Chipotle …

At long last, the Supreme Court last week issued its eagerly-anticipated decision in United States v. Rahimi, involving a post-Bruen Second Amendment challenge to 18 U.S.C. § 922(g)(8), which criminalizes possession of a firearm while one is subject to a domestic violence restraining order. Unsurprisingly to anyone who listened to the oral argument, the Court, in a majority opinion authored by Chief Justice Roberts, voted 8-1 to uphold the criminal ban.

Justice Thomas dissented. Justice Sotomayor issued a concurring opinion, joined by Justice Kagan. And Justices Gorsuch, Kavanaugh, Barrett, and Jackson each penned separate concurrences. So there’s lots to review in the 100+ page opinion, more than can be done in this blog post. However, the top-level takeaways from the (relatively brief) majority opinion are as follows:

Clarification of the Bruen test: “relevantly similar” wins the day. Over the last two years, many lawyers (and judges) have …