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Recursion

(56,582 posts) Fri Jun 26, 2015, 10:30 AM Jun 2015

7

Also huge: career criminal enhanced sentences unconstitutional

This is a major blow against "three strikes" style minimum sentences.

Huge docket this term, and so far we're winning them all...

7 replies

= new reply since forum marked as read

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Also huge: career criminal enhanced sentences unconstitutional (Original Post) Recursion Jun 2015 OP

6-3, Scalia and Roberts siding with the liberals. NuclearDem Jun 2015 #1

This is a very rare Scalia-Alito split. Recursion Jun 2015 #2

Oops, actually it's 8-1. NuclearDem Jun 2015 #3

Oh I did the same misread... Recursion Jun 2015 #4

Indeed it is. NuclearDem Jun 2015 #6

The liberals sided with Scalia. former9thward Jun 2015 #5

It's not quite that broad. It only held that the residual clause was unconstitutional. morningfog Jun 2015 #7

NuclearDem

(16,184 posts)

1. 6-3, Scalia and Roberts siding with the liberals.

Reply to Recursion (Original post)

Fri Jun 26, 2015, 10:31 AM

Jun 2015

Recursion

(56,582 posts)

2. This is a very rare Scalia-Alito split.

Reply to NuclearDem (Reply #1)

Fri Jun 26, 2015, 10:39 AM

Jun 2015

I look forward to reading the opinion & dissent.

NuclearDem

(16,184 posts)

3. Oops, actually it's 8-1.

Reply to Recursion (Reply #2)

Fri Jun 26, 2015, 10:40 AM

Jun 2015

I misread SCOTUSblog.

Recursion

(56,582 posts)

4. Oh I did the same misread...

Reply to NuclearDem (Reply #3)

Fri Jun 26, 2015, 10:41 AM

Jun 2015

But it is a Scalia opinion, right?

NuclearDem

(16,184 posts)

6. Indeed it is.

Reply to Recursion (Reply #4)

Fri Jun 26, 2015, 10:42 AM

Jun 2015

former9thward

(32,179 posts)

5. The liberals sided with Scalia.

Reply to NuclearDem (Reply #1)

Fri Jun 26, 2015, 10:42 AM

Jun 2015

He wrote the opinion.

morningfog

(18,115 posts)

7. It's not quite that broad. It only held that the residual clause was unconstitutional.

Reply to Recursion (Original post)

Fri Jun 26, 2015, 10:42 AM

Jun 2015

The enumerated violent crimes under the ACCA stand. The vague clause that referred to crimes carrying a significant risk is no longer law.

It will have an effect on some sentences and is a good decision, but the ACCA sentences, triggering higher mandatory minimums on 3 strikes is still valid law.

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