August 25, 2006
Ninth Circuit clarifies en banc reasonableness issues
As noted here, Ninth Circuit on Wednesday granting rehearing en banc in two cases addressing reasonableness review after Booker. Today, as already noted by Howard Bashman and Eugene Volokh, the Ninth Circuit released this lengthy order detailing all the issues the en banc court seeks to explore and welcoming amicus briefs on these issues.
By my rough count, the Ninth Circuit's order lists 20 questions for the parties and amici to try to help the Ninth Circuit answer. To officially play this game of Booker 20 questions, briefs need to be submitted by September 15. I wonder if the Ninth Circuit would allow me to just submit a print out of these reasonableness posts and writings:
- The central flaw in reasonableness review
- Crack reasonableness review should be as easy as 1, 2, 3
- When and how should SCOTUS take up reasonableness review?
- Tracking reasonableness review outcomes ... final update?
- YLJ Pocket Part review of appellate review after Booker
- My YLJ Pocket Part article is entitled "Reasoning Through Reasonableness"
- My recent "Conceptualizing Booker" article
UPDATE: A commentator here over at The Volokh Conspiracy reacts to the Ninth Circuit's order by saying it "has definite legal implications and is quite shocking." If my readers agree, please explain in the comments.
August 25, 2006 at 10:04 PM | Permalink
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