McCormick v. United States
Citation: 500 U.S. 257 (1991)
Facts
Robert McCormick, a West Virginia legislator, received cash payments from foreign doctors who sought passage of legislation that would allow them to practice medicine in the state. McCormick received the payments during a campaign and later sponsored the legislation. He was convicted of Hobbs Act extortion under color of official right.
Issue
Can a public official be convicted of Hobbs Act extortion based on the receipt of campaign contributions, and if so, what must the government prove?
Holding
Yes, but the government must prove an explicit quid pro quo — that the official received the payment in exchange for an explicit promise or undertaking to perform or not perform a specific official act. Campaign contributions that merely create goodwill or general access are not extortion.
Rule
Under the Hobbs Act, a public official commits extortion “under color of official right” when accepting a campaign contribution only if there is an explicit quid pro quo — a specific promise to take a specific official action in exchange for the contribution. Implicit understandings and generalized access do not suffice.
Significance
McCormick is the leading case on the intersection of campaign finance and federal extortion law. The explicit quid pro quo requirement protects ordinary political fundraising while still reaching corrupt pay-for-performance arrangements. It is read alongside Evans v. United States and McDonnell.