2011—In United States v. C.R., senior federal district judge Jack B. Weinstein issues a 349-page opinion(with an additional 50+ pages of appendices) holding that the Eighth Amendment prohibits applying the statutory minimum five-year term of imprisonment to a youthful defendant who pleaded guilty to one count of distributing child pornography. Here’s how criminal-procedure expert Orin Kerr prefaces hisdiscussionof the ruling:
“There are a lot of debates about ‘judicial activism’ in which some question whether the term has real meaning. Fortunately, there is always Jack Weinstein, whose activism is so over-the-top that it easily quiets the debates.”
Some two years later, a Second Circuit panel will unanimously reverse Weinstein’s ruling.