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.

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Is Official Misconduct Rare? / Supreme Court News

First off, we are trying something new. Each week, we plan on sending out with one of our posts a list of all Supreme Court cases that were granted in the past week, as well as each one that is set for arguments sometime that week. While we don’t have a synopsis of what the case is about (yet), we can at least let you know if a case you had been monitoring has been granted cert or has been argued before the court.

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