Gorsuch dissents on classification of violent crime

Justice Neil Gorsuch recently disagreed with a Supreme Court decision regarding whether inaction can be deemed a violent crime. The Court ruled that causing harm or death, whether by acting or not acting, includes the use of force against another person. Gorsuch, joined by Justice Ketanji Brown Jackson, expressed concern in his dissent. He argued that the ruling creates a major misalignment with common law principles. The majority contended that the law has long allowed for liability in cases of both action and omission. This case involved Salvatore Delligatti, who was convicted of attempted murder in 2018. His sentence included an additional five years for using a gun during a crime deemed violent. Delligatti argued that his actions did not meet the definition of a violent crime. He was accused of organizing an attack on a suspected informant and supplying gang members with a firearm. In the majority opinion, Justice Clarence Thomas stated that causing injury, whether through action or inaction, qualifies as using force. However, Gorsuch disagreed and used the example of a lifeguard who watches a swimmer struggle without intervening. He argued that while this inaction may be morally wrong, it does not necessarily equate to a violent crime. Gorsuch criticized the majority for not adequately considering congressional intent in their decision and instead relying on legal precedents. The Supreme Court's ruling upheld Delligatti's sentence, and he is currently serving 25 years in prison.