McDonnell argued:
McDonnell's lawyer Noel Francisco argued the former governor's conduct was no different than what politicians across the United States do on a daily basis when responding to requests from donors and constituents.
On the Justices' positions:
Liberal and conservative justices alike raised concerns about the Justice Department's interpretation of U.S. bribery law. Stephen Breyer described as "dangerous" the "enormous power over elected officials" that federal prosecutors would hold if the court endorsed the Justice Department's position.
Leaning in favor of the conviction:
Sonia Sotomayor, one of the only justices to indicate support for the prosecution, suggested it was reasonable to infer that McDonnell's intent was to help Williams when he accepted money and gifts.
Some justices appeared troubled by the signal a ruling in his favor would send. Ruth Bader Ginsburg appeared alarmed by the idea of officials being able to accept payments to arrange meetings without facing potential prosecution. Officials could simply say "I'll do it for you if you pay me a thousand dollars," she said.
The Supreme Court agreed to hear McDonnell's case after the 4th Circuit appeals court affirmed his conviction. The 4th Circuit opinion is here.
I wonder whether the court's opinion could affect the re-sentencing of former Illinois Governor Rod Blagojevich, who is serving a 14.5 year sentence. I thought the sentence was too harsh when it was imposed. The Supreme Court decided not to hear his case in March. Before that, the 7th Circuit overturned 5 of his convictions, and the Government decided not to retry him on those counts. He is scheduled to re-sentenced on June 30. Blago's lawyer said at the time the Supreme Court denied cert:
We’re not surprised—disappointed,” said defense attorney Sam Adam, Jr, who added that he thought the Court had punted an opportunity to clarify the line between political horse-trading and criminal activity. “The citizenry has a right to know what politicians can and can’t do with campaign contributions, and the Supreme Court missed a prime opportunity to let us, as citizens, know that.”
Adams' comment seems very similar to what three justices said about McDonnell's case today:
Chief Justice John Roberts appeared to favor a broad ruling saying the statutes under which McDonnell was convicted could be unconstitutionally vague because they can cover many different activities.
.... Breyer and Justice Anthony Kennedy said politicians need guidance so they know what conduct potentially could be prosecuted. If the law is interpreted broadly, "political figures will not know what they are supposed to do and what they are not supposed to do," Breyer said.
Blagojevich has already served four years. Even though the Supreme Court declined to overturn his remaining convictions, I think there's ample reason for the judge to reconsider and impose a far lesser sentence in June.
