The first and ONLY Supreme Court decision today is in Borden v. U.S., an ACCA case. No blockbusters! supremecourt.gov/opinions/20pdf…
By a 5–4 vote, the Supreme Court holds that a criminal offense with a mens rea of recklessness does NOT qualify as a “violent felony” under ACCA’s elements clause.
Plurality: Kagan, joined by Breyer, Sotomayor, & Gorsuch.
Thomas concurs in the judgment.
The rest dissent.
Plurality: Kagan, joined by Breyer, Sotomayor, & Gorsuch.
Thomas concurs in the judgment.
The rest dissent.
We have never before had a 5–4 decision with Kagan, Breyer, Sotomayor, Gorsuch, and Thomas casting the five votes for the judgment.
Thomas begrudgingly concurs but reminds us that he wants to overrule Johnson v. U.S. (one of Scalia's best decisions!). supremecourt.gov/opinions/20pdf…
Thomas begrudgingly concurs but reminds us that he wants to overrule Johnson v. U.S. (one of Scalia's best decisions!). supremecourt.gov/opinions/20pdf…
I favor the outcome in Borden, and it's the only decision of the day; I choose to interpret this as the Supreme Court wishing me happy birthday.
Amy Coney Barrett coming out swinging with a pro-ACCA vote is 🥶🥵🤢 though ... I had hoped she'd land on the Gorsuch side of this intra-conservative divide. supremecourt.gov/opinions/20pdf…
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