Supreme Court Oral Arguments in Delagatti v. United States Focus on Whether Omissions Can Be 'Use' of Physical Force

The Supreme Court heard argument in Delagatti v. United States over whether the statutory phrase "use of physical force against another" requires an affirmative, active employment of force or can be satisfied by omissions — failures to act — that lead to injury or death. Petitioner's counsel said the text and precedent require an active step to bring force into contact with a victim; government counsel urged that omission-based harms, in some circumstances, can qualify.

The dispute centered on competing readings of the elements clause and the court’s precedent. Petitioner’s counsel argued that examples such as poisoning or pushing someone off a cliff involve an active step that brings a force into contact with a person, whereas a pure omission (for example, failing to render aid to someone with a natural disorder) does not "use" force within the ordinary meaning…