Blakely Redux
Via the good folks at Goldstein Howe comes news that the Supreme Court will be revisiting Blakely, and soon:
Acting swiftly, the Supreme Court moved today to resolve some of the basic constitutional questions about the federal Sentencing Guidelines in the wake of its ruling June 24 in Blakely v. Washington. Accepting all of the suggestions of the Justice Department, the Court agreed to review two constitutional questions in two cases – U.S. v. Booker, 04-104, and U.S. v. Fanfan, 04-105. The Court indicated it would decide whether Blakely applies to the Guidelines and, if so, whether the entire Guidelines system is invalid, or some of it can be salvaged.The Court ordered expedited briefing, and set the case for argument on the afternoon of Monday, Oct. 4 – the opening day of the new term.
Can you feel the excitement? I'm all tingly. Expect further commentary from SCOTUSBlog and Doug Berman's Sentencing Law and Policy.


