Categorical Exclusion on the Way Out? / Supreme Court Update

Supreme Court Update:
Cert granted in Kisor v. Wilkie.
Question presented: Should the Supreme Court overrule Auer v. Robbins & Bowles v. Seminole Rock & Sand Co., which directs courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation?

Opinion issued in United States v. Stitts; United States v. Sims
Held: (1) The term “burglary” in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. The decision of the Sixth Circuit Court of Appeals is reversed.

(2) Sims case is vacated and remanded to the Eight Circuit Court of Appeals to determine if the Arkansas burglary statute is overbroad.

Continue reading “Categorical Exclusion on the Way Out? / Supreme Court Update”

The Fake Statistic That Won’t Die

The Arizona Supreme Court recently overturned a state ban on bail for people accused of sexual assault “when the proof is evident or the presumption great,” holding that the categorical exclusion violated due process. Critics are urging the U.S. Supreme Court to hear the case, and their arguments highlight the continuing influence of misconception about the “frightening and high risk of recidivism” among sex offenders. Continue reading “The Fake Statistic That Won’t Die”