Monday, June 17, 2013

Fascinating Supreme Court Alliance

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.

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