SCOTUS Action: It's Fanfan-tastic

Pardon the awful play on the NBA's old slogan, but I am a bit too punchy to come up with something better. In any event, lots of news and commentary concerning the two post-Blakely cases that, by all insider accounts, the Solicitor General will be appealing to the Supreme Court (background here).

Lyle Denniston has this extended post on the SCOTUSblog noting that "Scope of Booker, Fanfan appeals still open." Lots of very interesting and important "pre-game" analysis here, including this trenchant observation:

It is possible that, in trying to craft a narrow set of questions in order to try to hasten a Supreme Court decision that could end at least some of the turmoil surrounding the Guidelines, the government may leave some interesting – but perhaps secondary – issues unresolved.

In addition, Jason Hernandez has this post at the Blakely Blog reporting that the SG's office may have its cert. petitions completed (and filed??) before the end of this week. He also notes via Marcia Oddi's post here from The Indiana Law Blog that the Seventh Circuit has amended its decision US v. Booker, though only apparently to make "minor, non-substantive amendments." To see for yourself, here is the amended version of Booker.