The Supreme Court heard oral arguments in two cases of honest services fraud Tuesday morning, and reports from the court indicate that the justices were outwardly hostile toward the law and will likely either revamp its use or throw it out entirely.

The justices "seemed to be in broad agreement that the law is vague and has been used to make a crime out of mistakes, minor transgressions and mere ethical violations," AP reports. Honest services fraud has become a favorite charge against lobbyists and public officials, and changing the law would significantly impact how federal prosecutors attack public corruption cases.

The justices today seemed to concur with the many critics of the 28-word law that it just isn't clear enough.

"There are 150 million workers in the United States. I think 140 of them would flunk the test," said Justice Stephen Breyer, who worried that just reading the Daily Racing Form on the job would technically break the honest services fraud law.

Justice Anthony Kennedy said the vagueness of honest services fraud "is the working problem here," and Justice Antonin Scalia called the law "a mush of language." Scalia said that federal prosecutors have used the law in different ways in different cases, and that if the Justice Department can't figure it out, "I don't know how you expect the average citizen to."

The court likely will not reveal its decision for several months.

Several individuals who have pleaded guilty for their involvement in the Abramoff lobbying scandal, including now-imprisoned Jack Abramoff, were charged with honest services fraud or conspiracy to commit honest services fraud. In October, a jury deadlocked on six counts of honest services fraud against former lobbyist Kevin Ring, one of only two people to go to trial in the Abramoff scandal so far.

According to the Chicago Tribune, federal prosecutors plan to alter the charges against former Illinois Gov. Rod Blagojevich (D), who has been indicted on honest services fraud counts for allegedly trying to sell the Senate seat vacated by President Obama, among other crimes. The charges will be changed to avoid delays to the June start date of Blagojevich's trial that may arise from the Supreme Court's decision on honest services fraud.

National Journal has more about honest services fraud and how the court may rule on it here (subscription).

(Photo of court from Creative Commons)