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Hoping that criminal justice issues get justified attention in upcoming SCOTUS confirmation hearing

By Douglas A. Berman

The National Law Journal has this new piece, headlined "A dozen themes frame Sotomayor hearing," that should help whet appetites for the upcoming Senate confirmation hearing for Judge Sotomayor's elevation to the Supreme Court.  Disappointingly, though not surprisingly, the piece does not mention either Sotomayor's past as a state prosecutor or the current importance (and flux) of huge areas of criminal law jurisprudence as a theme to watch. It is notable (and probably worthy of some extended analysis) that members of Congress seem so eager to make much of crime and punishment issues in some settings, but then often seem eager to completely ignore these issue in modern confirmation battles.  Of course, the obviously explanation is political: bringing up issues during confirmation hearing concerning, say, Blakely and Crawford Sixth Amendment jurisprudence or Bookerand the future of federal sentencing does not score any obvious political points with any obvious constituencies...continue to full post

Full post as published by Sentencing Law and Policy on July 06, 2009 (boomark / email).