The Federalist Society

Southern Union Company v. United States - Post-Decision SCOTUScast

SCOTUScast 06-27-12 featuring Ryan Scott

June 27, 2012

Ryan Scott

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Southern Union Company v. United States - Post-Decision SCOTUScast - MP3
Running Time: 00:12:25

Ryan ScottOn June 21, 2012 the Supreme Court announced its decision in Southern Union Company v. United States. The question in this case was whether the imposition of criminal fines is subject to the Sixth Amendment principle articulated in Apprendi v. New Jersey, which holds that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

In an opinion delivered by Justice Sotomayor, the Court held by a vote of 6-3 that the rule established in Apprendi does apply to the imposition of criminal fines.  The Chief Justice, as well as Justices Scalia, Thomas, Ginsburg and Kagan joined the majority opinion.  Justice Breyer filed a dissenting opinion, which was joined by Justices Kennedy and Alito.

To discuss the case, we have Ryan Scott, who is an Associate Professor at Indiana University Maurer School of Law.

[Return to the SCOTUScast menu]

Related Links

Southern Union Company v. United States - Post-Argument SCOTUScast
Opinion - June 21, 2012 (PDF)
Oral Argument Transcript - March 19, 2012 (PDF)


The Federalist Society