Sykes v. United States — Kagan, J., dissenting

Summary

Justice Kagan, dissenting, argues simple vehicular flight under Indiana law should not qualify as a violent felony under the Armed Career Criminal Act because the statute distinguishes non-risky flights from aggravated ones. She emphasizes the statute's structure which separates offenses based on danger. Justice Scalia, dissenting, would declare the residual clause void for vagueness, while Justice Thomas, concurring in the judgment, reasons that vehicular flight is inherently risky like burglary.