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November 3, 2020

Listening to today's SCOTUS oral argument in two big sentencing cases

The year 2020 has been remarkable for so many reasons, and this morning it means for me a focus on the Supreme Court rather than on voting on this historic 2020 Election Day.  This is because I already voted early (about two weeks ago, in fact), and COVID realities mean that oral arguments are now available in real time.  And because SCOTUS this morning just happens to be hearing its two biggest sentencing cases on the docket, I plan to listen in live.  Here are the basics thanks to SCOTUSblog with links to where all can listen:

Jones v. Mississippi, 18-1259 

Issue: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.



Borden v. United States, 19-5410

Issue: Whether the “use of force” clause in the Armed Career Criminal Act encompasses crimes with a mens rea of mere recklessness.


November 3, 2020 at 09:48 AM | Permalink


In Borden, Kavanaugh's riff on the rule of lenity being repudiated if a defendant has three prior "violent" felonies exposed a sophomoric came off like a middle-school student reporting on a book he hadn't read... not even the grasp Cliffs notes would provide...

Posted by: anon | Nov 3, 2020 7:57:22 PM

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