Supreme Court Not Receptive to Biden DOJ’s Arguments About Reach of Identity Theft Law

Supreme Court Not Receptive to Biden DOJ’s Arguments About Reach of Identity Theft Law
Associate justices of the Supreme Court Neil Gorsuch and Brett Kavanaugh in the chamber of the U.S. House of Representatives at the U.S. Capitol in Washington on Feb. 5, 2019. Doug Mills-Pool/Getty Images
Matthew Vadum
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The Supreme Court seemed unreceptive to the Biden administration’s arguments on Feb. 27 that a Texas man convicted of Medicaid fraud should also be convicted of aggravated identity theft arising out of the same transaction because a form he filed contained a patient’s name.

Several justices expressed concern that the government wants to interpret the Identity Theft Penalty Enhancement Act, which mandates a two-year prison sentence, so broadly that it could entangle potentially innocent individuals.