Today, in Fischer v. United States, the Supreme Court ignored the clear language of a federal obstruction-of-justice statute to hold that the January 6 rioters who breached Capitol barricades, assaulted police officers, broke doors and windows, and forced members of Congress to flee for their life did not “obstruct or impede” the congressional proceeding to certify the election.
This 6–3 decision, authored by Chief Justice John Roberts, can’t be squared with the language of the statute—or with common sense.
The justices purport to believe in textualism, an approach to the law that says that when interpreting a statute, a judge should first defer to the plain language as written by Congress. But the mental gymnastics employed by the Court to reach the result in Fischer highlight how this Court often only pretends to deploy textualism in pursuit of its preferred outcome.
The statute at issue in Fischer, 18 U.S.C. 1512(c), reads:
This language is very clear. Subsection 1 prohibits obstructing a proceeding by tampering with physical evidence, and Subsection 2 is a catchall that prohibits “otherwise” obstructing a proceeding through means not encompassed by Subsection 1. The words or and otherwise signify alternative ways to violate the law.
This 6–3 decision, authored by Chief Justice John Roberts, can’t be squared with the language of the statute—or with common sense.
The justices purport to believe in textualism, an approach to the law that says that when interpreting a statute, a judge should first defer to the plain language as written by Congress. But the mental gymnastics employed by the Court to reach the result in Fischer highlight how this Court often only pretends to deploy textualism in pursuit of its preferred outcome.
The statute at issue in Fischer, 18 U.S.C. 1512(c), reads:
Whoever corruptly —
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
This language is very clear. Subsection 1 prohibits obstructing a proceeding by tampering with physical evidence, and Subsection 2 is a catchall that prohibits “otherwise” obstructing a proceeding through means not encompassed by Subsection 1. The words or and otherwise signify alternative ways to violate the law.
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