Is SCOTUS Poised to Reconsider Almendarez-Torres?
That the question posed in this post at SCOTUSblog. What prompted this speculation?
(Incidentally, Ayala-Segoviano is a 1326 case, while Vazquez raises the issue with regard to the ACCA.)
As noted here, the Court called for a response with respect to two petitions that ask the Court to reconsider Almendarez-Torres: Ayala-Segoviano v. United States, 10-5296, and Vazquez v. United States, 10-6117. Since the government filed briefs in opposition, the Court has relisted those cases three times, at the January 7, 14, and (apparently) 21 Conferences.The post goes on to caution that "[i]t is impossible to know with any certainty what the repeated relists mean[,]" and adds that it may mean one or more of the Justices is preparing a dissent from a denial of cert. In any event, the attention the Court is giving these two cases suggests that the panel majority in Pineda-Arrellano was wrong when it opined (in dicta) that challenges to Almendarez-Torres are frivolous.
(Incidentally, Ayala-Segoviano is a 1326 case, while Vazquez raises the issue with regard to the ACCA.)
Labels: 1326, ACCA, Apprendi-Land
0 Comments:
Post a Comment
<< Home