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
Petitioner counsel Mr. Russell argued that knowing the identity of an item includes knowing that it belongs to another person.
The Government contended that the statutory text is ambiguous and that the rule of lenity applies, allowing policy arguments about how to treat the conduct.
Background and question before the Court
Justice Alito asked whether the phrase “of another individual” can be read to mean a person other than the user, regardless of whether that person is real.
According to Justice Kennedy, justice Kennedy questioned whether the issue could be submitted to a jury.
What each side argues
Petitioner
Petitioner counsel Mr. Russell argued that knowledge of the identity includes knowing the item belongs to another person.
According to Mr. Heytens, petitioner counsel Mr. Heytens asserted that Congress intended to punish only those who intend to engage in identity theft, not those whose conduct unintentionally has that effect.
United States
The Government argued that the statutory text is ambiguous and that the rule of lenity applies, allowing policy arguments about how to treat the conduct.
What happened at oral argument
Justice Alito asked whether the phrase “of another individual” can be read to mean a person other than the user, regardless of whether that person is real.
Justice Kennedy asked whether the issue could be submitted to a jury.
According to Justice Ginsburg, justice Ginsburg raised the Government’s argument that Congress was targeting false identification to protect victims whose numbers are misused.
According to Chief Justice Roberts, chief Justice Roberts inquired whether it is time to revisit the Court’s decision in Hayes.
What the Court decided
Why it matters
Government argued that the rule of lenity is applicable because the statutory text is ambiguous.
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.
- 4023dcb9a2a04de9093c-r1-637153a33f31fbd7.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.