Hemi Group, LLC v. City of New York, New York — Ginsburg, J., Concurring

Summary

Justice Ginsburg concurred in the judgment, agreeing that New York City cannot use RICO to recover lost tax revenue that it lacked authority to collect directly under the Commerce Clause. She emphasized that the City's claim rested on Jenkins Act violations, which provide limited remedies and do not justify a RICO suit. Justice Breyer dissented, arguing that Hemi's failure to report sales proximately caused the City's tax loss and that such loss constitutes injury to business or property under RICO.