Setting the Stage for the First Monday

Since fall is upon us (it's official once the college football season gets into full swing this weekend, as far as I'm concerned), now would be a good time to get ready for the upcoming Supreme Court term. The Court's term will kick off in October with oral arguments in two cases, Booker and Fanfan, that bring the whole Blakely mess right back to the Supremes's doorstep. Over at Findlaw, Edward Lazarus lays out the basics of Blakely and its progeny and argues that while the U.S. Sentencing Guidelines may not survive in their current form, they do have some value and should be preserved in some form or fashion.

Meanwhile, if you're really feeling scholarly, over at Sentencing Law and Policy you can read the briefs filed in Booker and Fanfan yesterday by the Solicitor General and the Sentencing Commission. Personally, I'm not persuaded by the arguments that distinguish the Guidelines from the Washington system obliterated in Blakely, but I'm a little biased.