Alleyne v United States was an interesting case that raised the question the method of proof that the Sixth Amendment requires to impose a mandatory minimum sentence. The court essentially held that if a statute makes it illegal to sell a drug and authorizes a ten-year maximum sentence for such an offense, but provides for a twenty-year maximum sentence for a sale of a larger quantity of the same drug, the jury rather than the judge must make a finding about the quantity before the twenty-year maximum may be imposed.
What caught my attention was who voted for and against the decision. Justice Thomas wrote a primary opinion. Justice Breyer wrote a separate opinion concurring in part. Justices Sotomayer wrote yet another concurrence and was joined by Justices Kagan and Ginsburg. Justices Roberts, Kennedy, Alito and Scalia dissented.
It isn't often that a case is decided by Thomas joining with the liberal block. This is yet another example that outside the more incendiary politically charged questions, the court can be quite unpredictable.
What caught my attention was who voted for and against the decision. Justice Thomas wrote a primary opinion. Justice Breyer wrote a separate opinion concurring in part. Justices Sotomayer wrote yet another concurrence and was joined by Justices Kagan and Ginsburg. Justices Roberts, Kennedy, Alito and Scalia dissented.
It isn't often that a case is decided by Thomas joining with the liberal block. This is yet another example that outside the more incendiary politically charged questions, the court can be quite unpredictable.
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