- Scott Erickson, Americans in Support of Law Enforcement
On Tuesday, October 11, the Supreme Court will hear oral arguments in Pena-Rodriguez v. Colorado. This case involves the constitutionality of a Colorado rule that bars a defendant from introducing evidence that a juror was racially biased. The justices will consider whether applying a no-impeachment rule to block evidence in this context violates the Sixth Amendment right to an impartial jury.
On Wednesday, October 5, the Supreme Court heard argument in Salman v. U.S. on what constitutes a personal benefit in insider trading. The Court will consider the Ninth Circuit’s holding in this matter that a personal benefit can be established by the fact that a tippee shared a close family relationship. The Second Circuit previously held in United States v. Newman that a personal benefit to an insider necessary to establish insider trading under Dirks v. SEC requires proof of “an exchange that is objective, consequential, and represents at least a potential gain of a pecuniary or similarly valuable nature.”