Skilling v. United States — Scalia, J., concurring

Summary

Justice Scalia concurs in part and in the judgment, agreeing that Skilling’s honest-services conviction must be reversed because § 1346 is unconstitutionally vague, though he rejects the Court’s decision to limit the statute to bribery and kickbacks. He contends that adopting the pre-McNally honest-services doctrine would revive indeterminate standards while the Court’s narrowing construction invents new federal crimes beyond judicial power. Separate opinions by Justice Sotomayor and Justice Alito address the propriety of jury voir dire and community prejudice.