Archive for April 23rd, 2018

Does Sessions v. Dimaya Apply in Cases You Decide?

posted by Judge_Burke @ 18:53 PM
April 23, 2018

Sessions v Dimaya is in one sense a Supreme Court decision that can be viewed as narrow. It is a deportation case…but, it may well raise far more profound issues in state and federal courts.

The Sessions case, relying upon Johnson v. United States, 559 U. S. 133, found the language of the immigration statute void for vagueness. The decision was split. Justice  Kagan delivered the opinion of the Court in Sessions v. Dimaya with respect to certain parts and was joined by Justices Ginsburg, Breyer, and Sotomayor as to others. Justice Gorsuch concurred in part and concurred in the judgment. Chief Justice Roberts filed a dissenting opinion, joined by Justices Kennedy, Thomas, and Alito. Justice  Thomas also filed a dissenting opinion, joined in part by Justices Kennedy and Alito.

So, is the case applicable to what you do? Perhaps if what happens next is lawyers will begin to raise issues about void for vagueness claims to more statutes.

 

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