United States v. Resendiz-Ponce — Scalia, J., dissenting

Summary

Justice Scalia, dissenting, argues that an indictment for attempt must explicitly allege all elements (intent and overt act) rather than relying on the word 'attempt' to convey those elements. He criticizes the majority's reliance on common parlance and historical usage as insufficient to satisfy traditional indictment requirements. He would affirm the Ninth Circuit's judgment that the indictment was deficient.