Supreme Court Review 2016/2017 TERM
SUNDAY, JULY 23, 2017
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Issue:  Extraterritorially of RICO

RJR Nabisco v. European Community

15-138

QUESTION(S) PRESENTED

Whether, or to what extent, the Racketeer Influenced and Corrupt Organizations Act ("RICO") applies extraterritorially.

DECISION

Decided June 20, 2016 HOLDING

The law of extraterritoriality provides guidance in determining RICO’s reach to events outside the United States. The presumption against extraterritoriality has been rebutted with respect to certain applications of RICO’s substantive prohibitions in §1962.

Recused image Justice Sotomayor
Recused Sotomayor
Concur Dissent image Justice Breyer
Concur Dissent Breyer
Agree image Justice Thomas
Agree Thomas
Recused image Justice Scalia
Recused Scalia
Agree image Chief Justice Roberts
Agree Roberts
Agree image Justice Kennedy
Agree Kennedy
Concur Dissent image Justice Ginsburg
Concur Dissent Ginsburg
Author image Justice Alito
Author Alito
Concur Dissent image Justice Kagan
Concur Dissent Kagan

ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY and THOMAS, JJ., joined, and in which GINSBURG, BREYER, and KAGAN, JJ., joined as to Parts I, II, and III. GINSBURG, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment, in which BREYER and KAGAN, JJ., joined. BREYER, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment. SOTOMAYOR, J., took no part in the consideration or decision of the case.

Text of Opinion
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ORAL ARGUMENT

Argued March 21, 2016

Appearences
On Behalf of Petitioners RJR Nabisco, Inc., et al.
Gregory G. Katsas, Esq.
On Behalf of United States as amicus curiae in support of vacatur
Elaine J. Goldenberg, Assistant to the Solicitor General
On Behalf of Respondents The European Community, et al.
David C. Frederick, Esq.
Transcript
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Merit Briefs
Brief for Petitioners RJR Nabisco, Inc, et al (pdf download)
Brief for Respondents The European Community, et al (pdf download)
Reply Brief for Petitioners RJR Nabisco, Inc, et al (pdf download)
Amicus Curiae Briefs
Amicus Brief for the National Foreign Trade Council supporting Petitioners (pdf download)
Amicus Brief for the Washington Legal Foundation and Allied Educational Foundation supporting Petitioners (pdf download)
Amicus Brief for United States supporting Vacatur (pdf download)

CERTIORARI STAGE

Granted October 1, 2015

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Second Circuit
Decided August 20, 2014
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