Legal Opinion · Dissent

Begay v. United States

Supreme Court of the United States

Decided April 16, 2008No. 06-11543Published

1Dissent

*155Justice Alito, with whom Justice Souter and Justice Thomas join,

dissenting.

The statutory provision at issue in this ease — the so-called “residual clause” of 18 U. S. C. § 924(e)(2)(B)(ii) — calls out for legislative clarification, and I am sympathetic to the result produced by the Court’s attempt to craft a narrowing construction of this provision. Unfortunately, the Court’s interpretation simply cannot be reconciled with the statutory text, and I therefore respectfully dissent.

In September 2004, after a night of heavy drinking, petitioner pointed a rifle at his aunt and threatened to shoot…

2Cases cited9 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  3. James v. United StatesSupreme Court of the United States · 2007
  4. Bates v. United StatesSupreme Court of the United States · 1997
  5. Caron v. United StatesSupreme Court of the United States · 1998

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