It had to happen sooner or later, and today was the day. This morning the Supreme Court decided Sykes v. United States, the first case in which Justices Kagan and Sotomayor disagreed on the judgment. Beyond the disagreement of the Court’s newest justices, it also featured an interesting line-up.
In Sykes the Court held that the crime of “felony vehicle flight” in Indiana constitutes a “violent felony” for purposes of the Armed Career Criminal Act. Justice Kennedy wrote the opinion for the Court, joined by the Chief Justice, and Justices Breyer, Alito, and Sotomayor. Justice Thomas concurred in the judgment. Justice Kagan dissented, joined by Justice Ginsburg, and Justice Scalia dissented as well.