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July 1, 2004

Hearings on Sensenbrenner bill

While we await word from the USSC and DOJ on Blakely, we can soon expect to hear from some Congress members about federal sentencing. A hearing scheduled for Tuesday, July 6 before the House of Representative's Crime Subcommittee, although it's formally to consider a drug sentencing bill that Congressman James Sensenbrenner (R-Wis.), introduced about a week before Blakely changed the sentencing universe.

Sensenbrenner's bill, H.R. 4547, is called “Defending America’s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004.” Though styled as a measure to promote drug treatment while protecting children, the bill includes a broad slate of harsh mandatory minimum sentences for a wide rnage of drug crimes.

Families Against Mandatory Minimums has a thoughtful explanation of the bill's most troublesome features here as well as a full analysis of the bill's provisions here. Likewise, the folks at TalkLeft discuss the Sensenbrenner bill's problems here and here.

Of course, the Blakely decision will be an unavoidable topic of discussion during the hearings. But how will it be discussed? Will there be any bashing of Justice Scalia and Judge Cassell as "activist judges"?

July 1, 2004 at 08:21 PM | Permalink


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It's those damned librul activist judges who are ruining our country and coddling the crim'nals! They should all be impea....what? Justice Scalia an activist judge? No way, he's the Bush boy's "model justice." It must have been the Clintons in disguise wearing a Scalia mask, 'cuz Rush said so!

Sorry for the not-strictly-sentencing detour; methinks "activist judge" is in the eye of the beholder. 'Twould be most precious irony if the "activist judges" here were to "force" Congress to take a vote on some controversial sentencing-related legislation overriding judicial decisions (or better yet, maybe even a Constitutional amendment!), oh perhaps right before the DNC in July...

Just a peon law student cruising by...

Posted by: A.L.B | Jul 1, 2004 11:01:10 PM

They should all be impea....what? Justice Scalia an activist judge? No way, he's the Bush boy's "model justice.

Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 1:53:33 AM

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