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Kelly v. United States

Updated Sep 18, 2026

In brief

The Supreme Court overturned the lower court's ruling and sent the case back to the lower court (reversed and remanded) because the scheme did not target money or property.

Where it stands
Decided

Decided 9-0 · May 7, 2020 · Opinion by Justice Kagan

What it’s about
This case arose from the New Jersey “Bridgegate” scandal, in which state officials changed traffic lanes on the George Washington Bridge to punish the mayor of Fort Lee for refusing to endorse Governor Christie.
Who it affects
The decision says abusive or deceptive government conduct is not enough for these two federal fraud laws when no money or other property was targeted. The case returns to the lower court for next steps under that rule.

Summary: written with AI from the case record.

Illustration for Kelly v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court held that, although the scheme was abusive and deceptive, it did not violate the federal wire fraud or federal-program fraud laws because it was not aimed at taking the Port Authority’s money or property.

The case drew a line between abusive political retaliation and federal laws aimed at protecting government money and property.

Question presented

Does a public official "defraud" the government of its property by advancing a "public policy reason" for an official decision that is not her subjective "real reason" for making the decision?

What the Court decided

Holding

Because the scheme here did not aim to obtain money or property, Baroni and Kelly could not have violated the federal-program fraud or wire fraud laws. The federal wire fraud statute makes it a crime to effect (with the use of the wires) “any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises.” 18 U. S. C. §1343. Similarly, the federal - program fraud statute bars “obtain[ing] by fraud” the “property” (including money) of a federally funded program or entity. §666(a)(1)(A). 909 F. 3d 550, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Wrote an opinion
Majority · 9joined the Court's opinion
  1. Kaganwrote the opinion
  2. Roberts
  3. Thomas
  4. Ginsburg
  5. Breyer
  6. Sotomayor
  7. Alito
  8. Gorsuch
  9. Kavanaugh
9 justices joined the judgment.

What's next

The Supreme Court has finished its action. The case was sent back to the lower court (remanded) for further proceedings under the Court's ruling.

Documents

3

Docket activity

7
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: opinion

    May 7, 2020 · Court records

Show 2 more
  • Brief added: Petition

    Feb 12, 2019 · Court records

  • Brief added: Questions Presented

    Court records

More questions

5
What was the dispute in Kelly v. United States?
It asked whether officials could violate fraud laws by giving a public-policy reason that was not their real reason for an official decision.
What did the Supreme Court decide about the federal fraud laws?
The Court decided Baroni and Kelly could not violate the federal fraud laws because their scheme did not aim to obtain money or property.
What did the Court do with the Third Circuit's ruling?
It overturned the ruling and sent the case back to the lower court (reversed and remanded).
What happens next in Kelly v. United States?
The case returns to the lower court for further proceedings under the Supreme Court's ruling.
Was the decision unanimous?
Yes. Justice Elena Kagan wrote the opinion for a unanimous Court.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis