RBGG’s Jeff Bornstein and Andy Spore co-authored an article for the Daily Journal on April 20, 2018, “Sometimes, it’s good to be wrong: Gorsuch’s surprise vote,” discussing the U.S. Supreme Court’s decision in Sessions v. Dimaya. Full text of the article here: Sometimes, it’s good to be wrong
On April 17, 2018 the Court invalidated the residual clause of the Immigration and Nationality Act’s definition of “aggravated felony” with Justice Gorsuch surprisingly siding with the Court’s liberal block and casting the deciding vote. In a September 2017 article in the DJ, Precision in immigration law is paramount, Bornstein and Spore had discussed the potential consequences of the court’s upcoming decision, predicting the opposite outcome. At the center of this case was the definition of “crime of violence” which Dimaya’s lawyers argued was so vague as to be unconstitutional. If upheld this vaguely defined term would have threatened the due process rights of many immigration detainees.