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October 2, 2007
Debating discretion: time for oral argument in Gall and Kimbrough
It is sentencing two-for-Tuesday in the Supreme Court later this morning: the Gall and Kimbrough reasonableness cases are due to be argued starting at 10am (and transcripts of the arguments ought to be available here by this afternoon). Warren Richey has this article in the Christian Science Monitor previewing both cases, and the AP has this new report focused on Kimbrough and crack sentencing.
I have, of course, lots and lots of posts on these cases, most of which can be accessed through the Gall case index and the Kimbrough case index (the briefs are there, too). In addition, the posts spotlighted below have some of my focused commentary on these cases.
- SCOTUS scratches my sentencing itch, but also has me scratching my head
- Read all about Rita (and get ready for Gall and Kimbrough)
- A few of my scholarly thoughts on Rita
On Gall:
- Talk about having Gall
- Is Gall the most important SCOTUS sentencing case?
- Detailing sound "policy disagreements with the Guidelines" to justify variances
On Kimbrough:
- Thinking through Kimbrough and the state of crack sentencing
- Latest FSR issue covers crack sentencing
- Should Kimbrough be vacated and remanded given USSC amendments and SG concessions?
UPDATE: NPR has this nice overview piece by Nina Totenberg , and SCOTUSblog has basics and links to its wiki here.
October 2, 2007 at 07:48 AM | Permalink
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Comments
Scalia could barely contain his disdain for the guidelines. Disparity here we come!
Posted by: dweedle | Oct 2, 2007 12:28:36 PM