23-825 Delligatti v. United States [11/12/24]

The Sidebar: Supreme Court of the United States

The case Salvatore Delligatti v. United States. The case centers on the interpretation of the "Elements Clause" within the Armed Career Criminal Act, specifically whether the clause applies to crimes of omission (failing to act) as well as acts of commission. The petitioner argues that the clause only covers affirmative actions involving violent physical force, while the respondent contends that it includes omissions resulting in harm when a legal duty exists. The justices explore various hypotheticals to determine the scope of "use of physical force," debating whether omissions constitute "use" and whether the statute should be interpreted to include all murders. The central question is whether the petitioner's conviction for hiring a murderer qualifies as a "crime of violence" under the Act's Elements Clause.