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Reason
Reason
Politics
Josh Blackman

"Your Money Or Your Life"

As I catch up with opinions from the end of the term, I finally came to U.S. v. Taylor. This case considers whether attempted Hobbs Act robbery qualifies as a "crime of violence." Justice Gorsuch's majority opinion offered this colorful hypothetical:

A hypothetical helps illustrate the point. Suppose Adam tells a friend that he is planning to rob a particular store on a particular date. He then sets about researching the business's security measures, layout, and the time of day when its cash registers are at their fullest. He buys a ski mask, plots his escape route, and recruits his brother to drive the getaway car. Finally, he drafts a note—"Your money or your life"—that he plans to pass to the cashier. The note is a bluff, but Adam hopes its implication that he is armed and dangerous will elicit a compliant response. When the day finally comes and Adam crosses the threshold into the store, the police immediately arrest him. It turns out Adam's friend tipped them off.

Gorsuch returns to the hypothetical later in the opinion:

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