After arguments in quite a SCOTUS Term, another call for papers for FSR issue on “Booker at 20”

Based on parts of yesterday’s SCOTUS oral argument that I was able to hear on the road and then various subsequent press reports, it sure sounds like one particularly high-profile federal defendant is poised to get at least a partial victory from the US Supreme Court on his immunity claims.  More broadly, as the Justices now turn from oral arguments to completing and releasing opinions, I surmise there will likely be any number of big criminal law decisions in addition to Trump v. US that will be historic and consequential for many years as the Court wraps up its OT23. 

At the risk of trying to turn every story into a sentencing story, I cannot help up use recent events to flag again that we are approaching the 20th anniversary of what I would call the most consequential of all SCOTUS rulings for federal defendants.  Booker‘s landmark change to federal sentencing procedure impacts every one of tens of thousands of federal criminal cases each year even before indictment and certainly following any conviction.  And, as flagged in this post last month, there is call for papers for a forthcoming issue of the Federal Sentencing Reporter to note (and celebrate? criticize?) the federal sentencing system’s 20 years of functioning under the rules created in Booker.  I previously threatened to repost this call every few weeks, and is am keeing to the threat by winding down a busy week with these shortened specifics:

Nearly 20 years have passed since Booker, and the editors of the Federal Sentencing Reporter are eager to invite judges, lawyers, other sentencing practitioners, legal academics, and sentencing researchers, to share thoughts on “Booker at 20” for publication in an early 2025 FSR issue.  FSR commentaries for this issue could tackle foundational issues (such as the Court’s ruling in Booker and follow-up cases), discrete application issues (such as why certain advisory guidelines are more likely to be followed or ignored), institutional concerns (such as how Congress and the Commission and the Justice Department have responded to Booker), or any other topic of interest or concern to modern federal sentencing policy and practice.  FSR welcomes commentaries from all perspectives, including insights from sentencing experiences (with or without guidelines) in the states and other countries.  Everyone with an informed interest in sentencing law and practice is encouraged to submit a commentary.

FSR articles are typically brief — 2000 to 5000 words, though they can run longer — with relatively light use of citations.  The pieces are designed to be read by busy stakeholders, including lawyers, judges, scholars, and legislators (as well as, of course, members and staff of the US Sentencing Commission).  Priority will be given to drafts submitted by May 28, 2024, and later submissions will be considered as space permits.  Submissions should be sent electronically to berman.43@osu.edu with a clear indication of the author and the author’s professional affiliation.