United States V. Booker - Decision

Decision

The decision of the Supreme Court was announced by two different groups of Justices. Justice Stevens wrote the majority opinion answering the question of whether the application of the Guidelines in these two cases violated the Sixth Amendment as articulated in the Apprendi line of cases. Justice Breyer wrote the majority opinion answering the question of how to remedy the Sixth Amendment violation identified by the Court.

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    Will mankind never learn that policy is not morality,—that it never secures any moral right, but considers merely what is expedient? chooses the available candidate,—who is invariably the devil,—and what right have his constituents to be surprised, because the devil does not behave like an angel of light? What is wanted is men, not of policy, but of probity,—who recognize a higher law than the Constitution, or the decision of the majority.
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