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Rule by judges?

January 12, 2005

I am still trying to process all the opinions, and I fear I won’t have fully thoughtful comments until the wee hours tonight.  But my first take is that the right and remedy creates an amazing irony: in a decision supposedly about respecting jury rights, the remedy will lead to sentencing rules developed by judges (until Congress perhaps steps in).  And this is thanks, I believe, to Justice Ginsburg as the swing vote.

Thoughts?