Case Info: Delligatti v. United States | Date Decided: 3/21/25 | Case No. 23-825

Link to Docket: Here.

Question Presented: Whether a crime that requires proof of bodily injury or death, but can be  committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.

Holding: The knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the “use” of “physical force” against another person within the meaning of §924(c)(3)(A).

Result: Affirmed.

Voting Breakdown: Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett joined.  Justice Gorsuch filed a dissenting opinion, in which Justice Jackson joined.

Link to Opinion: Here.

Oral Advocates:

• For petitioner: Allon Kedem, Washington, D. C.
• For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.