JOHNSON V.UNITED STATES: How THE UNSUNG OPINION OF JUNE 26, 2015 DEMONSTRATES THAT INCONSISTENT JUDICIAL APPLICATION EVIDENCES UNCONSTITUTIONAL VAGUENESS JESSE D.H. SNYDER* I.
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INTRODU CTION ..................................................... 103 UNCONSTITUTIONAL VAGUENESS AND THE ARMED CAREER C RIM IN A L A CT ..................................................... 105
A. B.
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Due Processand Vagueness .................................... 105 Armed Career CriminalAct and the Residual Clause............ 106
JOHNSON V. UNITED STATES AND ITS IMPACT ON THE VAGUENESS INQUIRY ................................................ 109
A. Johnson v. United States: Armed CareerCriminalAct's B.
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Residual Clause Is Unconstitutionally Vague ........................ 109 The Implications of Johnson: Advocates Should Use Results-Based Arguments When ChallengingLegal
Standards for Vagueness ................................... 115 C ON CLU SION ...................................................... 119 I. INTRODUCTION
That June 26, 2015, was an important day for many Americans goes without being said. Even dissenting opinions that day recognized a cause for celebration.1 For many, a much-anticipated opinion on whether same* 2015-2016 Law Clerk to the Honorable Jimmie V. Reyna of the United States Court of Appeals for the Federal Circuit, and 2016-2017 Law Clerk to the Honorable Eugene E. Siler, Jr. of the United States Court of Appeals for the Sixth Circuit. I earned my J.D., summa cum laude, from Texas Wesleyan School of Law and my B.S. from the United States Air Force Academy. While in law school, I served as Editor in Chief of the Texas Wesleyan Law Review. After graduating from law school, I served as law clerk to the Honorable Jorge A. Solis of the United States District Court for the Northern District of Texas. I would like to thank the South Texas Law Review, and in particular Kelsie Haaland, for doing a superior job on publishing my paper. Finally, I would like to give a warm shoutout to my wife, Amy. 1. Obergefell v. Hodges, 135 S.Ct. 2584, 2626 (2015) (Roberts, C.J., dissenting) ("If you are among the many Americans-of whatever sexual orientation-who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal.
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