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December 14, 2006

Proof the guidelines are reasonable ... from David Lat

Over at Above the Law here, David Lat reports on a discussion between Justice Breyer and Professor Charles Fried at Georgetown Law.   Here's the best part:

The sentencing guidelines are discussed.... Professor Fried points this out: "I have very strong views on this [issue].  The operative sections of the federal sentencing guidelines were written on my dining room table -- by Justice Breyer."

Well, I think that should certainly confirm all the assertions by the Justice Department and judges that the guidelines are always reasonable.  I am sure Justice Scalia will be convinced.

I cannot help but think of the scene of Breyer writing guidelines in Fried's house in terms of that great 1970s Recees' television commercials:

FRIED: You got active liberty in my contract as promise!

BREYER: You got contract as promise in my active liberty!

FRIED & BREYER: Wow, two great tastes that taste great together!

December 14, 2006 at 12:51 PM | Permalink


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This does raise again the question about why Justice Breyer does not recuse himself from cases involving the guidelines. My former colleague, Monroe Freedman, has written quite critically about this decision.

Posted by: David Yellen | Dec 14, 2006 2:24:59 PM

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