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July 1, 2005

Justice O'Connor retiring; what will her replacement think of Harris and Almendarez-Torres?

I am sure sentencing issues will not be the main focus of discussion as the media and blogsphere discusses the news of Justice O'Connor's announced retirement and her potential replacement.  Nevertheless, as I detailed in this post, Justice O'Connor served as a key fifth vote in the 5-4 decisions that produced the Almendarez-Torres "prior conviction exception" and the Harris "mandatory minimum" exception to the Apprendi-Blakely rule.  If (when?) President Bush were to nominate replacement Justices in the "Scalia-Thomas" mold, the future of Almendarez-Torres and Harris would seem to be even shakier.

Of course, the Supreme Court Nomination Blog, SCOTUSblog and How Appealing are the places to go to get the scoop and surely lots of links on the big news concerning Justice O'Connor's announced retirement.  Already SCOTUSblog has this post noting that confirmation hearings are usually 6-8 weeks after an announced retirement.

July 1, 2005 at 10:59 AM | Permalink


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Doug, has anyone ever told you that you are a perennial optimist?

(P.S. I love your blog and rely on it daily in my work writing appellate briefs for the FPD in New Orleans.)

Posted by: Robin Schulberg | Jul 1, 2005 11:32:12 AM

Would her replacement rethink Apprendi and Booker?????

Posted by: Steve | Jul 1, 2005 12:03:37 PM


Posted by: nizou | Jan 15, 2007 10:20:05 AM

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