December 09, 2009
Will Black v. U.S. Start a New Booker-type Revolution?
Posted by Christine Hurt

So, if there were an information market for the honest services statute, it's price definitely took a nose dive yesterday after the Supreme Court justices finished knocking it around.  Here's one report of the questioning from the LAT.

So, let's say that the statute is found to be unconstitutionally vague, then what happens?  Well, according to the WSJ Law Blog, some say that appeals of honest services convictions will begin.  So, my mind instantly went back to Booker, and the finding by the Supreme Court that the Federal Sentencing Guidelines were just guidelines.  A flurry of activity, mostly by legal academics, ensued.  Now, legal academics argue about whether there really was a revolution or not.  (See, e.g., this paper (In Search of the Booker Revolution) by Ryan Scott at Indiana.)  So, I may try to beat the rush and begin my paper studying the post-honest services era!

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