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Fresh thinking about the US Sentencing Commission and its proposed priorities

By Douglas Berman

As noted in this prior post, the US Sentencing Commission released in early June this Federal Register notice of its possible policy priorities for the guideline amendment cycle ending May 1, 2026.  The USSC requested receiving formal public comment on these priorities by July 18, 2025, but this morning at the Sentencing Matters Substack Jonathan Wrobleski has some notable informal comments about the Commission’s priorities as well as its composition in this new post.   The post’s full title provides a partial previal of its fresh perspective: “A Thought Experiment: Imagine the U.S. Sentencing Commission’s Policy Priorities if Kim Kardashian and Lil Wayne Filled the Two Commission Vacancies; Some disruptive, out-of-the-box thinking might be just what the Commission needs.” I highly recommend the post in full, and here is how in concludes:

So how should reformers react to the [USSC’s] proposed priorities?  Is there any way for the Commission to think in a new way and beyond the tinkering with the Guidelines that seems to be its fate?  Or maybe reformers ought to rethink their belief that there is substantially more to do to reform federal sentencing.  Are the Guidelines — and federal sentencing more generally — actually pretty much as good as it gets? Has criminal justice reform gone the way of D-E-I?  Or is there still serious reform to be done?  And should that reform include not just changing the Guidelines but other steps too?…

Kim Kardashian has been an advocate for criminal justice reform for many years, and she has a phenomenal record of influencing the President to grant clemency and support justice reforms. She knows something about the attention economy, too; how to engage the public and political leaders; and how to influence public opinion and persuade. Same with Lil Wayne.  He’s had a few run-ins with the justice system and received a pardon from President Trump several years ago after he was charged with a firearms crime….

And now here’s a thought experiment: what if we started to think a little differently about the Sentencing Commission, its work, and who could be part of it?  What if we even started thinking a little differently about who could be a member of the Commission?  What if the President nominated Kardashian — and Wayne too — to the Commission?  Do you think the proposed priorities and its 2025-26 agenda would still look like what the Commission just published?  What might that Commission want to focus on?  What possibilities — beyond guideline tinkering — would open up for the Commission to change policy and the way people, both among the public and public officials, think about the criminal justice process if Kardashian and Wayne were sworn in by Chief Justice Roberts or Justice Alito or Justice Jackson (that would be quite a sight, wouldn’t it)?

A few thoughts run through my head: with Kardashian and Wayne, there might actually be a super-majority on the Commission in favor of advocating with Congress to eliminate some existing mandatory minimum sentencing statutes. Maybe the Commission could produce a series of Tik-Toks and a documentary about it to try and influence public opinion and the President’s.  They could focus on, and tell the stories of, men and women who were victimized by crime and men and women who have been unnecessarily locked away for too long.  Maybe there could be a reality TV show produced by the Commission?  A concert tour?  Maybe even new ways to think about culpability and how to structure sentencing decision-making?  Maybe even a conference and new proposals on second look sentencing, Kardashian’s special policy focus and expertise?

Let your mind wonder.  And send your ideas to the Commission.  Comments on the proposed priorities are due back to the Commission by July 18.  You can use this comment portal.  And send a copy of your ideas to the President and post them in the comments to this Substack too.

Some disruptive, out-of-the-box thinking might be just what the Commission needs.  And with Kardashian and Wayne on the Commission, just imagine what that next Commission retreat might be like.

I think we can all be certain that a reality show called “Keeping Up With the Commission” would never rival “Keeping Up With the Kardashians.” Still, in our modern social media world, I see real value in this kind of out-of-the-box thinking about the USSC’s work and composition.  And, of course, I would be eager to hear from readers about who they might want to see nominated (really or jokingly) for the current two open spots in on the US Sentencing Commission.