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Speculating about SCOTUS sleeper cases

By Douglas A. Berman

After this sleepy SCOTUS week, the Justices will be back in action with new opinions likely to be issued each and every week until the end of the Term next month.  Constitutional law fans are focused, of course, on what the Justices will do with the Second Amendment in the Heller DC gun case and with the long-pending detainee cases.  Death penalty followers, meanwhile, are focused of what the Justices will do with the Eighth Amendment in the Kennedy child rape case. But there are a number of other cases still stewing at One First Street that could end up being very consequential: there is the porn case Williams, which could cover some notable First Amendment ground; I am thinking the ACCA case Rodriquez might include a little Sixth Amendment talk about criminal history; and the Irizarry case might say something very consequential about the departure/variance story after Booker...continue to full post

Full post as published by Sentencing Law and Policy on May 07, 2008 (boomark / email).