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
The case concerns whether the record shows a reasonable likelihood of Federal involvement, which the petitioner argues is insufficient.
Background and question before the Court
Justice Breyer asked whether the petitioner was not the trial lawyer.
Justice Breyer later asked whether, if the petitioner wins, they would argue there was no reasonable likelihood of Federal investigation.
According to Justice Sotomayor, justice Sotomayor expressed uncertainty about the petitioner’s answer to Justice Kagan’s hypothetical.
What each side argues
Petitioner’s Position
According to MR. CRAWFORD, the petitioner argues that the record is insufficient to establish a reasonable likelihood of Federal involvement.
What happened at oral argument
Justice Breyer asked whether the petitioner was not the trial lawyer.
Justice Breyer asked whether, if the petitioner wins, they would argue there was no reasonable likelihood of Federal investigation.
According to Justice Sotomayor, justice Sotomayor expressed uncertainty about the petitioner’s answer to Justice Kagan’s hypothetical.
What the Court decided
Why it matters
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.
- 3f02611c8195bf6227e5-r1-68650afc65b6a758.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.