A quick James recap and tea leaves

In order to give folks a chance to discuss SCOTUS decisions that have nothing to do with abortion, let me recap prior James coverage and look forward based on that ruling to other sentencing work ahead:

• Splintered SCOTUS upholds sentence enhancement in James
• A few quick reactions to James
• When Justice Scalia sounds like Justice Brennan

Looking ahead, I come to these few tentative conclusions based on James:

1.  None of the Justices save Justice Thomas likely has any deep interest in reversing the “prior conviction” exception to the Apprendi–Blakely rule.

2.  Neither Justice Breyer nor Justice Kennedy vote as if he is genuinely troubled by broad applications of harsh mandatory minimum sentences.  They both are good at talking the talk, but neither walk the walk.  Now, if you murdered someone and get sentenced to death by a jury, then Justices Breyer and Kennedy are on your side.

3.  In light of the harsh outcome, the long gestation, and strange voting blocks in James, I now have even less idea what to expect in Claiborne and Rita (except perhaps that Justice Breyer will continue to show an (uninformed) affinity for the guidelines and the US Sentencing Commission).