At least one more day to wait for Booker and Fanfan
The Supreme Court did not hand down its decision in Booker and Fanfan today, although I have now heard from a large group of insightful folks predicting that tomorrow will (finally) bring the decision. As knowledgeable court-watchers detailed for me, the Court heard 11 arguments in the first sitting and has already issued four (relatively “easy”) opinions from that sitting (as well as two other opinions).
Thus, it seems the smart money is on an opinion tomorrow. At this point, I will believe it when I see it. Fortunately, there is a lot of noteworthy sentencing law and policy development to keep us busy at least for the next 24 hours. Noticing some sentencing buzz around the blogsphere this morning, I will have posts soon about mandatory minimum sentencing and Blakely in the states.