United States v. Castleman (12-1371)
argument 12-1371United States v. Castleman
Supreme Court of the United States
1h 1m
5 speakers
8 chapters
transcribed 6 days ago
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What loophole does 18 U.S.C. 922(g)(9) aim to close and why was it needed?
We'll hear argument next this morning in case twelve thirteen seventy one, United States versus Castleman. Ms. Sherry?
Mr Chief Justice, and may it please the court. Section nine twenty two G nine was enacted to protect battered women and children and to close a dangerous loophole in federal law that allowed domestic abusers to possess firearms. That loophole existed because many domestic abusers were only convicted of misdemeanour offences. and the misdemeanour offences they were most often convicted of were assault and battery crimes. Respondent asked this court to adopt an interpretation of nine twenty two G nine that would indisputably exclude the assault and battery laws of almost all of the fifty states in the District of Columbia. That would render the statute a virtual dead letter from the moment of its enactment until today, and it would leave that dangerous loophole wide open.
The statutory text does not compel that implausible result. To the contrary, this court ordinarily presumes that common law terms of art bear their common law meaning, and here the common law meaning of force is a natural fit. It makes perfect sense the fine amid
I'm a little bit concerned about going to the co that common law meaning. Why don't you go to what the common law meaning of domestic violence is? I thought that was your strongest argument. Uh so isn't that different than just violence?
Oh it certainly is. The the connotation of the phrase domestic violence is very different than the word dem uh the word violence standing alone. Exactly. And it's certainly different than violent when it's modifying the word uh felony. Domestic violence describes a broad spectrum of abusive behavior.
Misdemeanor domestic violence.
Misdemeanor, crime and domestic violence. So both the word misdemeanor and the phrase domestic violence, it's a broad spectrum of abusive behavior. It's characterized by a pattern of escalating abusive conduct. It may start with something like emotional abuse, include isolating the person from friends and family, include threats of violence, threatening to take away the kids, and it escalates
domestic violence?
Uh they are not in this not with respect to this particular statute. Oh I hope not statute.
I hope not.
No, in and in this particular statute, Congress focused on a particular form uh of domestic violence. It's well accepted within the uh community that threats are a form of domestic violence. But do we have to
think that domestic violence is different from violence? Wouldn't th the simple term violence without the domestic adjective? cover any physical uh abuse that causes harm.
It it would but I mean domestic violence, my point here is that domestic violence has a different connotation, but even if you were to move away from the phrase domestic violence, Your Honor, this statute does talk about misdemeanor crimes of domestic violence, and that's the term that we're defining here. In Johnson, this court recognized that it normally does presume that common law terms of art uh bear their common law meaning. If I punch somebody in
the nose, is that violence?
I'm sorry, if you punch somebody in the nose. If I
punch somebody in the nose.
Yes, that is violence.
Okay. So so do you have to have a special rule for uh if I punch my wife in the in the nose? No
and we're not. Any any
physical action that hurts somebody is violence, isn't it?
Uh i it certainly is. And we're not arguing for a special rule here. What we're thinking is that
for biting. hair pulling. a shoving, grabbing, hitting, slapping. Would those be violence or would they be domestic violence if you're doing it against a spouse? Uh in all situations.
If you're doing it against a spouse, it is it is domestic violence, but I'm not sure that's any different. And the reason that domestic violence uh is different is because it it is different than stranger unstranger violence. These are not isolated instances. This is a pattern of abusive behavior and it may start with more slight injuries. It may start even without any physical violence at all.
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Chapters
8 chapters
1
What loophole does 18 U.S.C. 922(g)(9) aim to close and why was it needed?
0:00–7:36
2
How does the Court define “physical force” under common‑law terms of art?
7:36–15:39
3
What is the difference between “domestic violence” and ordinary “violence” in this statute?
15:39–25:07
4
How does the “modified categorical approach” affect the analysis of state misdemeanor convictions?
25:07–32:34
5
Which state statutes would fall outside the coverage of 922(g)(9) under the respondent’s interpretation?
32:34–39:47
6
What are the practical consequences if the Court adopts the narrower “violent force” definition?
39:47–46:10
7
How does the legislative history show Congress intended to target violent domestic abusers?
46:10–54:20
8
What choice does the Court have: uphold the common‑law meaning of force or render the statute ineffective?
54:20–1:01:42