The Corner

Sentencing Guidelines to The Supremes

The U.S. Supreme Court has granted certiorari on a case considering the constitutionality of the U.S. sentencing guidelines. The guidelines’ viability was cast into doubt by the Court’s 5-4 decision in Blakely v. Washington. This is one to watch, as the Blakely line-up was quite unusual. Justice Scalia wrote the majority for himself, Thomas, Stevens, Ginsburg, and Souter. Justices O’Connor, Kennedy, Breyer and the Chief Justice were in dissent. (For the record, I think Justice Scalia was correct, but I know some other conservatives disagree.)

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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