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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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(I agree, and commented here.)


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    [::..archive..::]
    ::

    :: Tuesday, October 05, 2004 ::
    Fanfan-Booker oral argument: the Sentencing Guidelines aren't toast yet, but they're getting warmer. The Blakely coalition seems to have maintained its unity at oral argument. Justice O'Connor last summer pronounced herself "disgusted in how we dealt with" the sentencing issue. How far would she and the other dissenters go? If a statute made the defendant's name a jury issue, and guilt or innocence a "sentencing factor," I assume they would agree the Sixth Amendment had been violated....

    Amazingly (to me), the government argued that, in contrast to the Washington State guidelines struck down in Blakely, "the federal guidelines should survive because they are created by a commission within the judiciary" -- the very factor that made the U.S. Sentencing Commission unconstitutional from the get-go, except the Court got that one wrong.

    :: David M. Wagner 3:45 PM [+] ::
    ...

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