April 18, 2016
Two thoughtful reactions to the quick SCOTUS retroactivity work in Welch
As first noted here, this morning the US Supreme Court ruled in Welch v. United States that its recent significant ruling in Johnson that the "residual clause" of the federal Armed Career Criminal Act was unconstitutionally vague is to be applied retroactively. I provided my first reaction to the consequential Welch decision in this post, and now I can link to two other thoughtful takes on Welch:
From Steve Sady at the Ninth Circuit Blog here, "Welch: Building Blocks For Retroactively Challenging Unconstitutional Career Offender Designations"
From Steve Vladeck at PrawfBlawg here, "The Subtle But Serious Flaw in the Supreme Court's Welch Ruling"
April 18, 2016 at 06:15 PM | Permalink
The suggestion that Welch compels the conclusion that Johnson not only applies to the career offender provision, but mandates giving retroactive effect to a decision extending Johnson to the career offender provision is, simply, wishful thinking.
Posted by: Da Man | Apr 19, 2016 10:22:21 AM