What ‘pay to
play’ ruling
means for school
leadership
The Supreme Court
ruling in McDonnell v.
United States limited
the quid pro quo
element in Virginia law
and has relevance to
state and local anticorruption statutes and
ensuring pay-to-play
politics does not pollute
public school districts.
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Leadership
In an 8-0 decision, the United
States Supreme Court threw out the bribery convictions of former Virginia Gov. Bob
McDonnell, whom a trial court jury found
performed official acts in exchange for gifts,
or quid pro quo – “this for that.”
The Supreme Court found that the jury was
instructed on an overly broad definition of the
“official act” element of federal anti-corruption statute. The court held an official act involves a formal exercise of government power
and must also be something specific that is
“pending” or “may by be brought” before a
public official. The holding effectively limited
the “quo” or “that” element of the statute.
The more conservative justices focused on
a strict interpretation of the statutory language, while almost all justices expressed
concern about the potential of politically
motivated prosecutions. The justices’ questioning demonstrated a healthy diversity in
their life experiences, ideologies and temperament that theoretically would give rise
to a well-reasoned decision.
However, the decision’s aftermath may
cause a sinister cancer on the American
body politic to metastasize. With the highest court in the land adopting a limited interpretation of what constitutes an official
act, the court may unwittingly condone or
encourage the type of inf luence peddling
that has repulsed the electorate.
Does the opinion ignore the practicalities of local politics or endorse them? With
trust in government at a historic low, is it
practical to characterize otherwise dishonest or distasteful acts as “a basic compact
underlying representative government?” Or,
as Chief Justice John Roberts said, will the
“more bounded” interpretation leave sufficient room for prosecuting corruption?
Certainly, the impact of the McDonnell v.
United States decision will resonate from
the halls of the Supreme Court all the way to
the modest closed session meeting rooms of
California public schools.
This article will analyze the McDonnell
case, the decisio