National: US Supreme Court to Decide Obstruction Law

The US Supreme Court heard arguments yesterday over the validity of the obstruction law used to prosecute over 300 people involved in the Jan. 6, 2021, storming of the US Capitol. Justices appeared divided, with several questioning whether the government’s interpretation of the law might unconstitutionally apply to conduct protected under the First Amendment.

Former Pennsylvania police officer Joseph Fischer is challenging the government’s claim he violated a portion of the 2002 Sarbanes-Oxley Act (see here) passed after the Enron financial scandal, arguing the statute applies only to the tampering of evidence. Fischer allegedly fought police to enter the Capitol building during the presidential electoral certification process and faces six other charges, including assault of an officer. Read an overview of the case here.

The court’s decision could impact roughly 150 people, who have pleaded guilty or received convictions under the statute, by potentially reducing their sentences. Over 1,300 people have been charged in some way over the day’s events (see tracker).