« Interesting morning Blakely news reports | Main | The impact of delayed Booker and Fanfan on the states »

December 1, 2004

More Booker and Fanfan speculation

Over at SCOTUS Blog, Tom Goldstein here builds on Marty Lederman's speculation about what a question asked by Justice Ginsburg at oral argument yesterday might tell us about the eagerly anticipated Booker and Fanfan.  As I noted here, the Ginsburg question prompted Marty to suggest we might not see a decision until at least January. 

Interestingly, Tom is not convinced the Ginsburg question hints at a long wait for the Booker and Fanfan opinion.  But Tom thinks the question "does suggest (albeit certainly not decisively) ... that the government lost Booker/Fanfan."  This speculation dovetails with my own prognosticating here that the time it is taking for the Court issue an opinion is a sign that the Justices have decided to apply Blakely to the federal system but are struggling with the severability issue.

December 1, 2004 at 10:36 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d83540e64b69e2

Listed below are links to weblogs that reference More Booker and Fanfan speculation:

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB