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January 6, 2021
Do the Georgia run-off Senate results dramatically shift the criminal justice reform landscape?
With Georgia election results this morning suggesting hat we will soon have a 50-50 Senate that puts Democrats functionally in control of all of Congress, I think the answer to the question in the title of this post has to be yes. That said, I was reasonably bullish on at least some federal criminal justice reforms in the next Congress even if the GOP held a slim majority in the Senate. But, as this Axios piece highlights, the results in Georgia may have an immediate impact on the look of Prez-elect Biden's Justice Department:
Between the lines: It'd be tough to go big with a 50-50 Senate, so don't assume a substantial shift. But Democratic control would be a massive blow to Republican hopes of blowing up anything they truly loathe.
👀 What we're watching: Biden sources tell Axios he now can go more progressive on remaining Cabinet picks, notably attorney general and secretary of Labor.
Sally Yates, the former acting attorney general who was fired by Trump, could now go back on the table to be Biden's attorney general.
Aside from who is in charge at the Justice Department, I think a 50-50 Senate makes it somewhat more likely that DOJ would be somewhat more willing to take somewhat more progressive positions on an array of criminal justice reform issues. And, of course, lots of appointments that require Senate confirmation, from judges at all levels to nominees to the US Sentencing Commission to all sort of other impactful governmental roles, can perhaps now be a bit more progressive.
Most fundamentally, all the agenda items that have been suggested by various reform groups (including the Biden-Sanders Unity Task Force) would seem just that much more politically viable as a result of the Georgia outcomes. I have listed here just some of my prior postings on these topics, and I suspect my future posting will necessarily incorporate heightened expectations now that Democrats seem to have even more power thanks to the Georgia run-off results.
Some prior related posts on CJUTF recommendations:
- Notable criminal justice reform recommendations from Biden-Sanders Unity Task Force
- Can we be hopeful federal leaders will make deals to advance federal criminal justice reforms in the next Congress?
- Tomorrow can be today for some Biden-Sanders Unity Task Force criminal justice recommendations
- Reviewing Criminal Justice Unity Task Force Recommendations: a new series to welcome a new President
- Reviewing CJUTF Recommendations: will the Biden Administration go all in with progressive prosecutors?
- Reviewing CJUTF Recommendations: how might the Biden Administration seek to abolish the death penalty?
- Reviewing CJUTF Recommendations: when and how might Biden Administration create an independent clemency board?
Some additional prior posts on CJ reform prospects in a Biden Administration:
- Pondering next steps in federal sentencing reform on the second anniversary of the FIRST STEP Act
- Lots of recommendations for criminal justice reform for the incoming Biden Administration
- Exploring what Prez-elect Biden might (or might not) get done for criminal justice reforms
- "Here's One Thing Republicans and Democrats Agree on: Criminal Justice Reform"
- "What Biden’s Win Means for the Future of Criminal Justice"
January 6, 2021 at 11:58 AM | Permalink
Comments
The big change is obviously what will come to the floor. Senator Schumer will permit different bills to be considered than Senator McConnell would have. Ultimately, however, it will take bipartisan consensus sufficient to invoke cloture on any major bill. The two new Senators probably make it slightly easier to get to sixty votes as I am not sure that Perdue or Loeffler would have supported any criminal justice reform, but it is still not going to be easy.
Posted by: tmm | Jan 6, 2021 1:35:23 PM