2007 Supreme Court term

LARRY BEGAY v. UNITED STATES.

Dockets 06-11543Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Guide pending. Verified case metadata and available source documents are shown below while a supported explanation is prepared.

Background and question before the Court

Justice Scalia asked whether all of the crimes listed require mens rea and whether DUI does not.

What each side argues

Petitioner Position

According to Leondra R. Kruger, ms. Kruger argued that the statute must be comparable, referencing the Court’s decision in James.

According to Petitioner, ms. Katze argued that the Government’s interpretation offers no limiting principle and would encompass any offense presenting a serious potential risk of injury to another.

Respondent Position

The Government contended that under 18 U.S.C. § 844(i) arson includes conduct where fire is set with willful disregard for the likelihood of damage, not only intentional arson.

What happened at oral argument

Oral argument began at 11:09 a.m. before the Supreme Court.

Justice Scalia asked whether all listed crimes require mens rea and DUI does not.

According to Justice Scalia, justice Scalia questioned whether arson liability is limited to intentional arson or also includes negligent arson.

According to Justice Stevens, justice Stevens inquired about the interpretation of the word “otherwise” and whether it defines the risk of physical injury.

Justice Ginsburg asked what conduct would fit the description “conduct that presents a serious potential risk of physical injury to another.”

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 120725d9793ada960cd4-r1-9c38e4433ee74063.pdforal argument transcript

Guide generated September 22, 2026. Automated validation accepted this version.