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November 3, 2006

How many amici briefs will there be in Claiborneand Rita?

One of the many interesting facets of Booker was the expedited briefing schedule during summer 2004, which likely depressed the number of amicus briefs filed.  Still, I believe there were six significant amicus briefs, including one from the US Sentencing Commission, one from a set of Senators, one from a retired federal judge and a number from defender groups.

With a more reasonable briefing timeline on reasonableness in Claiborne and Rita, I suspect there may be a lot more amicus brief for SCOTUS to ignore consider.  I will place the early over/under for amicus briefs at 10.  There will surely be at least 3 or 4 defense side amicus, and the US Sentencing Commission seems likely to file one.  Also, because Claiborne is a crack case and Rita may be a white-collar case (more on this later), there may be a lot of additional amici interested in discussing the underlying substance of the crimes and sentences through which SCOTUS will be exploring reasonableness.

November 3, 2006 at 04:25 PM | Permalink


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