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Criminal Law

: Sentencing Law and Policy

Breaking news: SCOTUS has powerful people constraining (the tyranny of?) the majority

By Douglas A. Berman

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I find intriguing (and a bit amusing) this review of the Supreme Court term by Edward Lazarus has this essay online at FindLaw. The piece is titled "What the Past Term Reveals About the Roberts Court: Evidence that the Court Is Disturbingly Elitist and Anti-Democratic," and here is the heart of the piece (with headings omitted):[T]his is a Court with elitist, anti-democratic instincts, one more comfortable with the judgments of courts and bureaucratic experts than with those of the American people or their elected representatives. A walk through the Court?s rulings in a variety of areas of law shows the pattern: Who decides whether an alien detained at Guantanamo can be classified as an ?enemy combatant? ? the Executive Branch under a specific grant of authority from Congress (with minimal judicial oversight), or the federal courts through the traditional avenue of habeas corpus? According to this Court, the answer is the federal courts...continue to full post

Full post as published by Sentencing Law and Policy on July 18, 2008 (boomark / email).