ACCA Residual Clause Unconstitutional
Johnson v. United States, No. 13-7120, 576 U.S. __ (2015) (Scalia, Roberts, Ginsburg, Breyer, Sotomayor, Kagan; concurring opinions by Kennedy and Thomas; dissenting opinion by Alito)
From the opinion:
"In Taylor v. United States, 495 U. S. 575, 600 (1990), this Court held that the Armed Career Criminal Act requires courts to use a framework known as the categorical approach when deciding whether an offense "is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." Under the categorical approach, a court assesses whether a crime qualifies as a violent felony "in terms of how the law defines the offense and not in terms of how an individual offender might have committed it on a particular occasion." Begay, supra, at 141.
We are convinced that the indeterminacy of the wide-ranging inquiry required by the residual clause both denies fair notice to defendants and invites arbitrary enforcement by judges. Increasing a defendant’s sentence under the clause denies due process of law."
See analysis at scotusblog.com.