Delligatti v. United States

In this case, the court considered this issue: Does a crime that requires proof of bodily injury or death, but which can be committed by failing to take action, have as an element the use, attempted use, or threatened use of physical force?The case was decided on March 21, 2025.The Supreme Court held that 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 18 U-S-C §924(c)(3)(A). Justice Clarence Thomas authored the 7-2 majority opinion of the Court.In United States v Castleman, the Court held that “knowing or intentional causation of bodily injury necessarily involves the use of physical force.” This principle applies equally to §924(c) cases where injury is caused by omission rather than affirmative action. There is no meaningful distinction between acts and omissions, as deliberately causing harm through inaction still qualifies as "using" force, just as a person can "use" rain to wash their car by leaving it outside. Moreover, murder—the prototypical “crime of violence”—has long been understood to include liability for omissions, such as when a parent refuses to feed their child, resulting in death.Interpreting the elements clause to exclude crimes of omission would exclude traditional violent crimes from its reach, contradicting the ordinary meaning of “crime of violence” that Congress intended to capture. Additionally, the word “use” does not necessarily require affirmative action; when someone deliberately causes harm through inaction, they are employing force as their instrument to accomplish their purpose.Justice Neil Gorsuch authored a dissenting opinion, in which Justice Ketanji Brown Jackson joined.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.