Two emails: One notes that Scalia was the only dissenter in the 1989 case finding the sentencing guidelines constitutional. (I checked, and the emailer’s right.) The other one: “There is such hostility to the g’lines on the bench that this will not take long to resolve. Lots of district judges schedule their sentencings on Fridays, so I wouldn’t be surprised if by COB today some judge who wants to be the high-profile groundbreaker holds that the g’lines have effectively been repealed and ignores them in imposing sentence. Before long, every Circuit will be flooded with cases, there will be conflicting views about what it all means, and the Supremes will have to step in and confront it head-on. But as we’re now at the end of the term, I think we’re in for 6 to 12 months of chaos.”
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About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
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