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July 21, 2004

Congress clears its throat!!

Though I have not gotten official word, I think today we have had a three-branch trifecta. It is, of course, now old news that the judicial branch spoke up again through the Ninth Circuit's decision in Ameline (here), and we also now have heard from the executive branch through the SG's papers filed with the Supreme Court seeking review in Booker and Fanfan (here).

Apparently not wanting to be left out of all the action, it seems the legislative branch has also been busy. I have now heard from two sources that Congress is working on a "Concurrent Resolution," through which Congress will express its collective view that the US Supreme Court should act expeditiously to resolve the confusion caused to the criminal justice system by Blakely v. Washington.

I will post more on this front and provide commentary when possible. But, after quite a day, it is time for a break.

UPDATE: I have received copy of the resolution which has apparently already been passed by the Senate and likely will be passed by the House before the end of this week (or so I am told). Here's the text:
Download senate_resolution.pdf

July 21, 2004 at 06:20 PM | Permalink


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Do you suppose the concurrent resolution will comply with the Supreme Court's rules on amicus briefs in support of cert petitions, or is there no rule of any kind that the Justice Department feels it has to comply with? (Such as when it pulls the strings of its puppets in Congress -- not that I have any actual information that any such thing could be happening. I mean, when was the last time the DOJ went outside the process to change sentencing law to its liking? Can you spell F-e-e-n-e-y?)

Posted by: Peter G | Jul 21, 2004 7:06:50 PM

Perhaps a collective "whew" is in order! This suggests that legislative quick fixes, such as that suggested by Professor Bowman (admired but disfavored by me) did no garner sufficient support and will be held in abeyance while the Supreme Court considers whether to review Fanfan and Booker. Let's hope the Court takes action before Congress changes its mind and brings a quick fix to the floor.

Posted by: Alex E. | Jul 21, 2004 9:15:50 PM

Let's hope the Court takes action before Congress changes its mind and brings a quick fix to the floor.

Posted by: Robe de Soirée 2013 | Dec 13, 2012 1:14:03 AM

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