Skip to content
Version 1.0.0
Sentencing Law and Policy
Part of the Law Professor Blogs Network

The opinion(s) in Rita

By Douglas Berman

Here is the vote breakdown in the Rita opinion (which How Appealing makes available via westlaw at this link):

  • Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Ginsburg, and Alito, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Part III.
  • Stevens, J., filed a concurring opinion, in which Ginsburg, J., joined as to all but Part II.
  • Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.
  • Souter, J., filed a dissenting opinion.

A very quick read suggests the main opinion is very supportive of the work of district courts, circuit courts and the Sentencing Commission, all of which adds up to a loss for Mr. Rita on appeal (and generally bad news for Lewis Libby and other defendants seeking to challenge within-guideline sentences).

UPDATE:  The full 59-page effort is now also at this link.  My printer is working overtime, and I’ll likely need a few hours to digest what’s here.  Separate posts on each of the four opinions will follow.