September 7, 2006
Will the fall bring any Booker fix action?
As detailed in this post, in July at the 2006 National Sentencing Policy Institute, there was much talk that September would bring congressional hearings on Booker and perhaps the introduction of Booker fix legislation. However, continuing a recent trend noted here and here, talk of a legislative response to Booker remains surprisingly muted; lately I have not heard any serious buzz about planned congressional hearings on Booker.
Of course, primarily as a result of interesting court rulings, the summer has been full of Booker action (highlights here). And, with fascinating en banc hearings in the works in the Third Circuit on burdens of proof (basics here) and in the Ninth Circuit on reasonableness review (basics here), we should expect more of the same this fall. The Supreme Court will also be back in the mix through its Blakely work in Cunningham and Burton (although decisions in those cases likely won't arrive until the winter months).
Last September in this post, I set out a few political and legal reasons why I thought the Booker remedy might endure. I am intrigued and surprised to discover that these insights from last year remain quite timely. Consequently, for exciting action this fall, think baseball finales and Buckeye football, not Booker fixes.
September 7, 2006 at 07:30 AM | Permalink
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