SCOTUS slaps down 9th Circus, again
The Ninth US Circuit Court of Appeals will eventually take it's place in history as having opened the door for the eventual Obama-led assault on the Constitution.
For today, however, the Constitution is safe, and the "Ninth Circus" is reeling from yet another overturn of their assault on all of us.
Convicted career felons will now have to do ALL of the time they can be given, with ALL of the serious felonies they have as prior convictions considered.
The case was all about whether a State's consideration of certain drug offenses had to match Federal consideration policy. The Ninth Circus said it does (the Feds have reversed previous policy that held certain drugs as "super" drugs, crack cocaine in particular, but most State courts still have enhancements on the books) and the Supremes disagreed, saying that if the State Court which properly convicted a felon considered a certain offense a serious felony, then the Feds could and should apply their longer sentence as well.
It's all here, but note that slapping down the Ninth Circus is getting to be great sport for the SCOTUS, and they did it 6-3 this time.
From the article: "Justice David Souter, joined by Justices Ruth Bader Ginsburg and John Paul Stevens, dissented. Souter said the court's ruling would make life more complicated for trial courts trying to calculate prison sentences."
Interesting that even the three anti-Americans could only make an argument from utility in support of the 9th.
Posted by: Nels Tomlinson | May 20, 2008 at 16:01