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
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