Congress clears its throat!!
Though I have not gotten official word, I think today we have had a three-branch trifecta. It is, of course, now old news that the judicial branch spoke up again through the Ninth Circuit’s decision in Ameline (here), and we also now have heard from the executive branch through the SG’s papers filed with the Supreme Court seeking review in Booker and Fanfan (here).
Apparently not wanting to be left out of all the action, it seems the legislative branch has also been busy. I have now heard from two sources that Congress is working on a “Concurrent Resolution,” through which Congress will express its collective view that the US Supreme Court should act expeditiously to resolve the confusion caused to the criminal justice system by Blakely v. Washington.
I will post more on this front and provide commentary when possible. But, after quite a day, it is time for a break.
UPDATE: I have received copy of the resolution which has apparently already been passed by the Senate and likely will be passed by the House before the end of this week (or so I am told). Here’s the text:
Download senate_resolution.pdf