Brief filed: 02/11/2022
Stands v. United States
United States Supreme Court; Case No. 21-6826
When Congress uses a term that has acquired a well-established common-law meaning, it is presumed to adopt that meaning. The well-established common-law definition of "simple assault" uniformly required an attempt or threat to inflict injury on another. Nothing in § 111 overcomes the presumption that the term "simple assault" carries its common-law meaning. A circuit split has developed regarding whether the common-law definition of "simple assault" applies to § 111.
Jeffrey T. Green, NACDL, Washington, DC; Elizabeth R. Moulton, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA; Eric A. Shumsky, Thomas M. Bondy, and Sarah H. Sloan, Orrick, Herrington & Sutcliffe LLP, Washington, DC.