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July 5, 2021

Any hot takes on another lukewarm criminal justice Term from SCOTUS?

Last year as the Supreme Court's October 2019 Term was winding to a close, I pondered in this post whether "others sense that SCOTUS has become particularly (and problematically?) quiet on sentencing matters."  My main point back in summer 2020 was that, following a steady stream of major SCOTUS rulings for the better part of two decades, since 2015 there has been precious few truly memorable Supreme Court rulings in this arena.

Fast forward a year, a the rest of life still feels a lot more eventful than the Supreme Court's sentencing docket and even its broader criminal justice docket.  There were, arguably, more than the usual number of notable sentencing cases, particularly Jones v. Mississippi (Eighth Amendment juve senencing), Borden v. US (ACCA predicates) and  Terry v. US (crack resentencing after FIRST STEP).  But these cases were either applications of prior precedents and/or resolutions of relatively small statutory issues.  Though consequential for particular classes of defendants and somewhat revealing about the commitments of various Justices, none of these cases breaks significant new jurisprudential ground.  The one SCOTUS case this Term that clearly did break new jurisprudential ground, Edwards v. Vannoy (finding non-retroactive unanimous jury Ramos ruling), did so by formally eliminating a part of Teague retroactivity doctrine that had never actually been applied by SCOTUS in three decades.

That all said, my sentencing focus — and my eagerness for juicy cases to blog about — surely distorts my perspectives on any and every SCOTUS Term.  The Term just concluded did have a number of notable Fourth Amendment and immigration rulings that may be a lot more impactful than I realize.  And with three new younger Justices who will likely play a leading role in all SCOTUS doctrines for perhaps decades to come, every one of their votes and discussions in criminal cases could already be viewed as very important.  (Notably, this SCOTUSblog chart reviews the make-up of the entire SCOTUS OT20 docket; criminal law, immigration law, and search and seizure are among the largest categories in that accounting.)    

With that wind up, I would be eager to hear from readers (or Tweeters) with any hot takes on what still feels to me like another lukewarm criminal justice Term from SCOTUS. 

July 5, 2021 at 10:58 AM | Permalink

Comments

I worry that the "evolving standards of decency" theory of 8A is over. Between "superadded" in Bucklew and the disparaging treatment Miller & Montgomery got in Jones, I don't see the Court as currently constituted going even an inch further on Atkins, Roper, Graham, or Miller.

Posted by: John | Jul 6, 2021 1:10:20 AM

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