Supreme Court of the United States

Eddie Lee Shular v. United States — Kavanaugh, J., Concurring

February 26, 2020140 S. Ct. 779

Summary

Justice Kavanaugh concurs with the Court’s judgment in Shular v. United States and writes separately to explain why the rule of lenity does not apply. He reiterates the two‑part test for lenity—use of all traditional tools of statutory construction and the presence of grievous ambiguity—and concludes that the statute at issue is not grievously ambiguous.