The Supreme Court earlier this month kicked off its latest season, October Term 2024, and sentencing fans may be especially interested in two federal cases to be argued in the coming months, Delligatti v.
If you can't beat 'em, join 'em? I'm skeptical that originalists will help end mass incarceration, but in theory it's intriguing, for example, around plea bargaining.
Is your skepticism, Jeremy, that origlinalism cannot serve as sound or effective tools for seeking to chisel away at massive levels of incarceration --- or is it that you just do not expect the current Justices who claim to be originalists to be willing to use the tools of originalism this way (and that they may actually seek to use the tool to reify massive levels of incarceration)?
Thanks, Professor. Like you, I'm quite humble about my understanding of originalism, and I've only skimmed the opinions you cited. My skepticism is aimed at the current Justices and my sense that they are more concerned with lenity for white collar regulatory offenses than they are with harsh penalties for drug and violent offenses that have fueled mass incarceration.
If you can't beat 'em, join 'em? I'm skeptical that originalists will help end mass incarceration, but in theory it's intriguing, for example, around plea bargaining.
Is your skepticism, Jeremy, that origlinalism cannot serve as sound or effective tools for seeking to chisel away at massive levels of incarceration --- or is it that you just do not expect the current Justices who claim to be originalists to be willing to use the tools of originalism this way (and that they may actually seek to use the tool to reify massive levels of incarceration)?
Thanks, Professor. Like you, I'm quite humble about my understanding of originalism, and I've only skimmed the opinions you cited. My skepticism is aimed at the current Justices and my sense that they are more concerned with lenity for white collar regulatory offenses than they are with harsh penalties for drug and violent offenses that have fueled mass incarceration.