The Corner

Sentencing Guidelines Rip?

The Supreme Court opened its doors for the 2004 October term yesterday, considering whether the federal sentencing guidelines are constitutional. There’s a very good chance the guidelines will fall, which could be quite disruptive, to say the least. Of course, this wouldn’t now be an issue had the Court listened to Justice Scalia in Mistretta v. U.S..

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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