Chief Justice John Roberts wrote a dissenting opinion, which Justice Anthony Kennedy, Clarence Thomas and Samuel Alito joined. He said he would not hold that the INA’s definition of a crime of violence in unconstitutionally vague.
He said the ACCA clause directed the reader to consider whether the offender’s conduct presented a “potential risk” of injury.
“On the other hand," he said the INA provision, “asks about ‘risk’ alone, a familiar concept of everyday life. It therefore calls for a commonsense inquiry that does not compel a court to venture beyond the offense elements to consider contingent and remote possibilities.”