288
Thomas, J., dissenting
A
The Hobbs Act defines "extortion" as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right." 18 U. S. C. § 1951(b)(2) (emphasis added).5 Evans argues, in part, that he did not "induce" any payment. The Court rejects that argument, concluding that the verb "induced" applies only to the first portion of the definition. Ante, at 265. Thus, according to the Court, the statute should read: " 'The term "extortion" means the obtaining of property from another, with his consent, either [1] induced by wrongful use of actual or threatened force, violence, or fear, or [2] under color of official right.' " Ante, at 265, n. 15. That is, I concede, a conceivable construction of the words. But it is—at the very least—forced, for it sets up an unnatural and ungrammatical parallel between the verb "induced" and the preposition "under."
The more natural construction is that the verb "induced" applies to both types of extortion described in the statute. Thus, the unstated "either" belongs after "induced": "The term 'extortion' means the obtaining of property from another, with his consent, induced either [1] by wrongful use of actual or threatened force, violence, or fear, or [2] under color of official right." This construction comports with correct grammar and standard usage by setting up a parallel between two prepositional phrases, the first beginning with "by"; the second with "under." 6
5 I have no quarrel with the Court's suggestion, see ante at 260, n. 4, that there is no difference of substance between the classic common-law phrase "by colour of his office" and the Hobbs Act's formulation "under color of official right." The Act's formulation, of course, only underscores extortion's essential element of a false assertion of official right to a payment.
6 This is, moreover, the construction long espoused by the Justice Department. See U. S. Dept. of Justice, United States Attorneys' Manual § 9-131.180 (1984) ("[T]here is some question as to whether the Hobbs Act
Page: Index Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: October 4, 2007