Thoughtful (but incomplete) analysis of new SCOTUS sentencing cases

Two of my favorite Supreme Court reporters provided extended background and commentary on the notable SCOTUS sentencing cert grants today (basics here, early commentary here). 

In the Washington Post, Charles Lane has this piece focused on the grant in Kimbrough to address crack sentencing after Booker.  As Lane notes, “given the opposition to the crack sentencing law among many federal judges, the court’s ruling could have a significant national impact.”  At SCOTUSblog, Lyle Denniston has this extended post discussing both of the new federal sentencing cases on the Court’s docket.

Notably, both of these pieces fail to spotlight that the issues raised by post-Booker crack sentencing are now even more intricate and complicated because of the US Sentencing Commission’s recent report to Congress and proposed guideline amendments to lower slightly crack penalties (details here).  And, as I have suggested, what all this means for the forthcoming Rita case and lower court sentencing decision-making over the coming months is very hard to predict.