Supreme Court Review 2016/2017 TERM
SATURDAY, SEPTEMBER 23, 2017
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Issue:  Misdemeanor Crime of Domestic Violence

Voisine v. United States

14-10154

QUESTION(S) PRESENTED

(1) Whether a misdemeanor crime with the mens rea of recklessness qualifies as a "misdemeanor crime of domestic violence" as defined by 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9)

(2) whether 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9) are unconstitutional under the Second, Fifth, and Sixth Amendments and the Ex Post Facto Clause of the United States Constitution.

DECISION

Decided June 27, 2016 HOLDING

A reckless domestic assault qualifies as a “misdemeanor crime of domestic violence” under §922(g)(9).

Agree w/ Soto image Justice Sotomayor
Agree w/ Soto Sotomayor
Agree image Justice Breyer
Agree Breyer
Dissent Author image Justice Thomas
Dissent Author Thomas
Recused image Justice Scalia
Recused Scalia
Agree image Chief Justice Roberts
Agree Roberts
Agree image Justice Kennedy
Agree Kennedy
Agree image Justice Ginsburg
Agree Ginsburg
Agree image Justice Alito
Agree Alito
Author image Justice Kagan
Author Kagan

KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, BREYER, and ALITO, JJ., joined. THOMAS, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined as to Parts I and II.

Text of Opinion
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CERTIORARI STAGE

Granted October 30, 2015

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the First Circuit
Decided January 30, 2015
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