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Justices Against Mandatory Minimums


Testifying before Congress yesterday, Supreme Court Justice Anthony Kennedy decried the proliferation of mandatory minimum sentences. “Mandatory minimums are harsh and in many cases unjust,” Kennedy said, noting that as a result too many people are in federal prison. Justice Clarence Thomas, who was also at the hearing, appeared to concur with Justice Kennedy’s remarks, according to this report. Of note, both Justices voted to uphold the constitutionality of mandatory minimums, despite their opposition to such laws on public policy grounds.