Gorsuch, J., concurring in judgment
listed in a later subsection, “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.” §1028A(a)(1). Today, the Court sets out to determine what conduct that law reaches. It is, as the Court acknowledges, no easy task. Both the term “us[e]” and the phrase “in relation to” can support a multitude of possible meanings. Ante, at 5–7. They of course “ ‘imply action and implementation.’ ” Ante, at 6 (quoting Bailey v. United States, 516 U. S. 137, 145 (1995)). Beyond that “general concept,” however, we must fend for ourselves based only on limited contextual clues. Ante, at 5–7.
The United States offers up a rapacious interpretation that would require only “the use of th[e] means of identification [to] ‘facilitat[e] or furthe[r]’ the predicate offense in some way.” Brief for United States 10 (emphasis added). Admittedly, this reading “fall[s] within the range” of plausible meanings the statute could support. Ante, at 7. But so too do other readings—ones that require a more demanding “nexus” between the “means of identification” and the underlying misconduct. Ante, at 7–8. For many of the reasons the Court gives (and more besides), I agree that we must adhere to those more restrained offerings. The United States’ maximalist approach has simplicity on its side, yes; an everybody-is-guilty standard is no challenge to administer. But the Constitution prohibits the Judiciary from resolving reasonable doubts about a criminal statute’s meaning by rounding up to the most punitive interpretation its text and context can tolerate. See Wooden v. United States, 595 U. S. ___, ___–___ (2022) (Gorsuch, J., concurring in judgment) (slip op., at 6–9). That insight alone means Mr. Dubin’s §1028A(a)(1) conviction cannot stand.
Unfortunately, our opinion cannot end there. Having told lower courts how not to read the statute, we owe them some guidance as to how they should read it. That is where the
