Courthouse Steps Decision: Delligatti v. United States

Delligatti v. United States concerned 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.

Known by some as the "non-violent murder case" Delligatti ties into a larger conversation on the way "violent"/"use-of-force" crimes are defined categorically rather than on a solely case-by-case basis.

Oral argument was heard by the Supreme Court in early November 2024, and on March 21, 2025, a 7-2 Court affirmed the ruling of the Second Circuit below against Delligatti.

Join us for a discussion of this decision and its possible ramifications.

Featuring:

• Matthew P. Cavedon, Robert Pool Fellow in Law and Religion, Emory University School of Law

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