Robertson v. United States ex rel. Watson (2009)
- Docket
- 08-6261
- Decided
- 2009-01-01
Summary
Question: Is an action for criminal contempt in a congressionally created court brought in the name and pursuant to the power of a private person, rather than in the name and pursuant to the power of the United States, constitutional? Conclusion: The Supreme Court dismissed the writ of certiorari as improvidently granted. Chief Justice John G. Roberts, joined by Justices Antonin G. Scalia, Anthony M. Kennedy, and Sonia Sotamayor, dissented. He recognized the complexity of the issue raised before the Court. However, he argued the answer to it is "no." He explained that "[t]he terrifying force of the criminal justice system may only be brought to bear against an individual by society as a whole, through a prosecution brought on behalf of the government" – not an individual.