On May 7, 2020, the Supreme Court released the decision in United States v. Sineneng-Smith. By a vote of 9-0, the judgment of the U.S. Court of Appeals for the Ninth Circuit was vacated and the case remanded. Although every member of the Court joined Justice Ginsburg's opinion, Justice Thomas also issued a concurring opinion indicating his doubt about the validity of the overbreadth doctrine.
To discuss the cases, we have Brian M. Fish, Special Assistant, United States Attorney, Baltimore, Maryland.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
