Gorsuch's Opinion on the Honest Services Obligation

Gorsett: Under our system of separated powers the legislative branch must do the hard work of writing federal criminal laws Congress cannot give the judiciary uncut marble with instructions to chip away at all that does not resemble David. The majority had not attempted to define what constitutes a breach of the honest services obligation But sought to identify only conduct that fell within its core. It also failed to solve the most fundamental indeterminacy in honest services fraud theory for nothing In its decision it didn't explain what kinds of fiduciary relationships are sufficient to trigger a duty of honest services in the first place.