24 September 2003

Closing the barn door after the horse gets out:

A conference led by Chief Justice Rehnquist votes to ask Congress to appeal the latest round of laws concerning sentencing guidelines.

If you're going to sanction the assumption of judicial powers by congressional legislation you really don't have much call to complain when they do it again. Or do you? Maybe this will be like the old pre-exclusion of evidence days when abuses built and built until the courts felt they had no choice but to stop sanctioning violations of the federal constitution.

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