Justice Ginsburg’s majority opinion in Cunningham

I am about to head to a coffee shop with a hard-copy of Justice Ginsburg’s majority opinion in order to make sure I am fully caffinated for a close read.   Based on my first quick read, here’s a line that will surely endure: “Booker‘s remedy for the Federal Guidelines, in short, is not a recipe for rendering our Sixth Amendment case law toothless.”

Dan Markel here at PrawfBlawg has some initial insights about the majority opinion, all of which seem spot-on.  I agree with the notion that CJ Roberts’ willingness to join a forceful opinion ensuring Blakely has teeth is possibly the most important bit of news today. 

More commentary about the majority opinion will follow, but I encourage readers to use the comments to pinpoint other quotes or ideas that merit extra attention from Justiuce Ginsburg’s work for a full six members of the Court.