Various hearing reports

Mary Price from FAMM reports that there were “no fireworks” at today’s House hearing on Sensenbrenner’s drug bill (background here). Apparently, Sensenbrenner was not even there, and DOJ objected to some parts of the bill, though it was “enthusiastic about the new penalties.” The ABA submitted a brief letter in opposition to the bill, which can be downloaded here:
Download aba_letter_on_hr4547.doc
Most noteworthy was Mary’s report that “after the hearing we learned that staff members from House and Senate, both sides of the aisle, are meeting tomorrow to discuss Blakely and possible fixes.”

Meanwhile, I also received reports from two sources that there were fireworks today at an oral argument before a Seventh Circuit panel consisting of Posner, Easterbrook, and Kanne in US v. Booker (03-4225). Apparently, after Blakely came down, the court granted defendant’s motion last week for supplemental briefing, and the whole argument focused on making sense of the post-Blakely world. According to reports, all three judges, and Easterbrook in particular, were taking an “all-or-nothing” approach. None seemed at all open to the idea of invalidated only enhancements and leaving the rest of the guidelines operable.

These reports indicated that this Seventh Circuit panel might try to rule quickly, though I’ve also heard that the Fifth Circuit heard argument on Blakely issues today and that at least three other circuits are moving quickly on the Blakely front. Feel free to use the comments to predict which circuit gets the first word.

UPDATE: Here’s a link which enables accessing a (poor) recording of the Booker oral argument in the Seventh Circuit (and thanks to Bill Theis for the pointer). Type in docket # 03-4225.