Monday, July 05, 2004

Commentators Speculate that the Court May Hear A Special Argument Sometime Soon

The Government has two options if it wants a quick ruling by the Supreme Court on the constitutionality of the Sentencing Guidelines following Blakely.

Option one - The DOJ could bring an appeal before judgment by the court of appeals, a rarely used procedure but one that will likely be approved given the circumstance.

Option two - The Government could file an emergency appeal, requesting immediate resolution.

Of course, this assumes that the Government feels it has a good case to appeal.

The Associate Press has a story on the Government's options here.

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