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This Maximalist Conservative Supermajority

Strict Scrutiny

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Aca v. United States

The court relies on something called the categorical approach, which we've talked about before. It means that when courts are asking if a prior conviction qualifies as a crime of violence, they don't ask how any particular defendant committed the crime. The only relevant question is whether the crime at issue always requires the government to prov beyond a reasonable doubt. And because hop's act attempts only require the government to show a substantial step and an intent to unlawfully take or obtain perty, that doesn't have as an element the use of force.

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