Over four decades I’ve listened to a lot of Supreme Court arguments, and seldom does an argument cause me to laugh out loud. But on Tuesday morning the court, with new Justice Brett Kavanaugh actively participating from the far-right end of the bench, heard argument in two cases arising under the federal Armed Career Criminal Act. The two arguments are best considered together, because the justices’ frustration with the statute appeared to build over time. In the second hour, as Assistant Solicitor General Erica Ross bravely stated the government’s views, Justice Samuel Alito interposed, “Yeah, I mean, you’re not exactly on a winning streak here in ACCA cases.” I couldn’t help but laugh. Talk about understatement.
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