July 12, 2004
Certified for great commentary
Not surprisingly, the Second Circuit's decision in US v. Penaranda to dust off 28 U.S.C. § 1254(2) to certify question to the Supreme Court has generated thoughtful buzz in the blogsphere. Read here the thoughts of Eugene Volokh at The Volokh Conspiracy or those of Marty Lederman at the SCOTUSBlog or those of Larry Solum at Legal Theory. Marty's commentary is especially insightful for noting that "in the certified questions, it does not appear that the court has asked the Supreme Court to resolve the statutory implementation, or 'severability,' question in the event it rules that the Guidelines are constitutionally infirm." (I have noted challenging questions surrounding severability here.)
For all those academics and law students whose draft articles and notes may not survive Blakely, perhaps we can take comfort that the lower courts are doing their best to create great new topics for commentary.
July 12, 2004 at 10:35 PM | Permalink
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I have noted challenging questions surrounding severability here.
Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 3:16:18 AM