June 24, 2012
Weekend thoughts on the SCOTUS week that was and the one to come?
After a long dry spell for sentencing fans, last week brought lots of notable SCOTUS action in the criminal justice arena with the messy Williams ruling on Monday and then the crisp defense wins in Southern Union and Dorsey on Thursday. And this coming week is sure to bring us not only juve LWOP rulings in Jackson and Miller, but also decisions concerning Arizona's immigration law, the Stolen Valor Act and, of course, health care reform, all of which seem likely to have significant modern criminal justice implications.
So, with that set up, I encourage everyone to share (via comments here or e-mails to me) any new and/or deep thoughts about all this SCOTUS action. Here is one: in light of the outcomes in Dorsey and Southern Union, I am expecting the defendants in Jackson and Miller to prevail either 5-4 or 6-3 and I am expecting the ruling to be fairly narrow. (Of course, I am often wrong when developing these kinds of expectations, so do not make book on these predictions.)
Recapping posts on last week's SCOTUS criminal justice work:
- Williams v. Illinois, the latest SCOTUS Confrontation Clause ruling, finally handed down by deeply divided Court
- Anyone figured out Williams v. Illinois or its tea leaves for the sentencing cases?
- In 6-3 opinion, SCOTUS finds that Apprendi rule applies to criminal fines
- In 5-4 opinion, defendants prevail in crack pipeline cases via the FSA
- A (too) quick first take on Southern Union and Hill/Dorsey
- Has Justice Scalia won the legislative history war despite losing Dorsey battle?
- Doesn't Southern Union suggest Sixth Amendment limits judicial factfinding for restitution punishments?
- A recap and request concerning today's big SCOTUS sentencing action
June 24, 2012 at 10:14 AM | Permalink
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One thought--hopefully Breyer is a little more on his game. He totally mailed in the dissent in Knox v. SEIU. How his approach in Knox comports with his vote in Siebert is inexplicable.
Posted by: federalist | Jun 24, 2012 6:06:29 PM
One important correction to your post -- Dorsey/Hill was a government win too!
Posted by: Corrections! | Jun 24, 2012 7:50:50 PM