Erlinger v. United States presented yet another Armed Career Criminal Act (ACCA) case, but with a Fifth and Sixth Amendment angle. This dispute turned on whether the judge, rather than the jury, could determine whether three offenses were committed on separate occasions.
Justice Gorsuch wrote the majority opinion, finding that the jury had to make these findings. He was joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, and Barrett. Justice Gorsuch's poetic waxing about the jury suggests that he also has the majority opinion in Jarkesy, which will embrace a broad reading of the Seventh Amendment. This prediction is worth what you paid for it.
Justice Jackson wrote a solo dissent. She argued that Apprendi was wrongly decided.
