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?