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November 30, 2004

A long wait for Booker and Fanfan?

Marty Lederman over at the SCOTUS Blog has this fascinating post which speculates, based on a question Justice Ginsburg asked today during oral argument, that we might not be getting a decision in Booker and Fanfan until at least January.  (The post concludes, however, with Marty willing to "venture to predict a decision next week -- say, on December 8th.")

Interestingly, though just earlier today I was urging the Supreme Court to "get on the stick," I am not sure there should be a big rush now that I have seen the USSC's preliminary post-Blakely case processing data.  Though this data tells (and perhaps hides) a lot of different stories, I cannot help but get a sense that the vast majority of criminal cases are still moving through the federal system despite all the Blakely uncertainty. 

With the federal criminal justice apparently still functioning pretty well, the Supreme Court should definitely take all the time it needs to render a complete and clear decision in Booker and Fanfan.

November 30, 2004 at 08:16 PM | Permalink


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