2009 Supreme Court term

CONRAD M. BLACK, JOHN A. BOULTBEE, AND MARK S. KIPNIS v. UNITED STATES.

Dockets 08-876Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Petitioners argue that the unvarnished text of the statute is vague, amorphous, open‑ended, and essentially not very helpful.

The courts of appeals have ruled that an intent to interfere with the property rights of the government was not an element of the core meaning of the fraud statute.

Background and question before the Court

The central issue before the Court is whether the statute is unconstitutionally vague in all of its applications.

What each side argues

Petitioners

According to Petitioners, the statute is vague, amorphous, and not helpful.

According to Mr. Estrada (Petitioner), according to Mr. Estrada (Petitioner), mr. Estrada emphasizes that the government has again stated this is a federal obligation.

United States (Government)

According to Mr. Dreeben (Government), according to Mr. Dreeben (Government), materiality is generally co‑extensive with economic harm, including reputational harm that interferes with a business’s ability to move forward.

According to Mr. Dreeben, congress’s effort to reinstate the body of law that this Court previously held was not a valid construction of the mail fraud statute.

What happened at oral argument

According to Chief Justice Roberts, chief Justice Roberts announced the hearing: “We will hear argument first this morning in Case 08‑876, Conrad Black et al. v. The United States.”

According to Justice Kennedy, justice Kennedy remarked, “BUT THAT WOULD FIT YOUR TEST, THOUGH.”

Justice Ginsburg asked, “Can you tell us how materiality is related to economic harm to the victim and how it is different from economic harm to the victim?”

Justice Breyer asked, “That – that is Altshuler B, which I – that seems to work, but then you want to go beyond that.”

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • fc92a7d06cb71a079d34-r1-bf2987868f882d2e.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.