Marcus Sykes v. United States — Scalia, J., Dissenting

Summary

Justice Scalia dissents, arguing the Armed Career Criminal Act's residual clause is a drafting failure and should be declared void for vagueness. He criticizes the Court's ad hoc judgments and reliance on statistical studies introduced in briefs. Justice Kagan dissents, distinguishing simple from aggravated vehicular flight. Justice Thomas concurs in the judgment, finding ordinary vehicular flight poses serious risk.