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 argues that the definition of a crime of violence in 18 U.S.C. § 16(b) is unconstitutionally vague.
According to Petitioner, the Court of Appeals held that the definition in § 16(b) is unconstitutionally vague on its face, relying on the Supreme Court’s decision in Johnson.
Background and question before the Court
According to Petitioner, the case concerns whether 18 U.S.C. § 16(b) is unconstitutionally vague.
Justice Ginsburg asked whether the government argued that if the ACCA residual clause were invalid, then § 16(b) would be vulnerable for the same reason.
What each side argues
Petitioner (Attorney General)
According to Petitioner, the definition of a crime of violence in § 16(b) is unconstitutionally vague on its face.
According to Petitioner, vehicular flight from a police officer after being ordered to stop is analogous to burglary.
Respondent (Dimaya)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Ginsburg: Did the government argue that if the ACCA residual clause was invalid, then § 16(b) would be vulnerable because it faces the same central objection?
According to Justice Kagan, justice Kagan: What is the real limitation—temporal or functional?
According to Justice Sotomayor, justice Sotomayor: Why isn’t the risk of force from sawed‑off shotguns considered a substantial risk?
According to Justice Alito, justice Alito: If the Court held § 16(b) unconstitutional, what would be the impact on criminal cases using the categorical approach?
According to Justice Kennedy, justice Kennedy: If we base the decision on the civil nature of the case, does that affect other cases?
What the Court decided
Why it matters
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.
- d97a1cc3cd3b2a25b818-r1-445d04fab54520e1.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.