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Why federal sentencing reformers must focus on the USSC and lower courts

By Douglas A. Berman

This new article from Tony Mauro, along with the Supreme Court's refusal yesterday to consider a pair of victim impact capital cases (basics here), highlights one of many reasons that would-be sentencing reformers should ignore post-election buzz about possible Supreme Court transitions.  Here is a snippet from the piece: Conventional wisdom, accelerated by Barack Obama's victory Nov. 4, has [Justices] Ginsburg, Stevens and Justice David Souter, all on the moderate-liberal wing of the Court, heading for the exits during Obama's first term. As the theory goes, all three justices would be happier being replaced under Democrat Obama than they would have been under Republicans John McCain or, for the last eight years, President George W. Bush...continue to full post

Full post as published by Sentencing Law and Policy on November 11, 2008 (boomark / email).