87.9 F
College Station
Sunday, August 1, 2021

Biden DOJ Reverses Trump Administration Position at Supreme Court to Please Liberal Activist Groups — and Loses 9-0

Local News

College Station Bans Traditional Pet Shops

At Thursday's meeting, the College Station city council passed an ordinance that prohibits the sale of non-rescue dogs and cats in pet...

College Station to Vote on ROO in Special Meeting Today

The College Station City Council meets Monday at 4 p.m. at city hall to consider a Restricted Occupancy Overlay (ROO). The ordinance would allow single-family...

College Station Plans on Borrowing Additional $62 Million Without Taxpayer Vote

The College Station City Council voted to begin the process of issuing $62 million in certificates of obligations for capital projects. The...

Brazos Valley Hospitalizations Continue to Decline After Mask Order Rescinded

Texas Governor Greg Abbott issued Executive Order GA-34 on March 2, 2021, and the order went into effect on March 10, 2021....

On Monday, the Supreme Court decided two cases involving questions of criminal law.  Neither case had garnered much media attention, and the outcome of the cases reflected the “bipartisan” nature of the views as expressed by the nine Justices.  Both cases were important because they resolved splits among the Circuit Courts of Appeal on how the respective issues should be determined by trial courts during criminal cases.

Greer v. United States was decided by the Court on an 8-1 vote, with Justice Sotomayor concurring in part, dissenting in part, and dissenting in the outcome.

Terry v. United States was decided by the Court 9-0.

If the Biden Justice Department had been voting on the outcome in Terry, it would have been 9-1 — the Biden Justice Department advanced a position in the case that all nine Justices rejected.  In getting to that point, the Biden Justice Department reversed from the position it had taken while it was called the Trump Justice Department — the position that was endorsed on Monday by all nine Justices.

It did so for transparently political reasons — the position it adopted was being advocated for by black political activists.

Terry involved a not terribly complicated issue of resentencing on a federal drug conviction involving crack cocaine.  Sentencing for federal drug offenses is largely driven by the quantity of drugs involved in the crime.  When crack cocaine (“cocaine base”) was added to the mandatory minimum provisions of federal drug statutes it was treated more harshly than powder cocaine by a factor of 100:1.  In other words, sentences were the same for a person possessing 5 grams of crack cocaine as for possessing 500 grams of powder cocaine.  Each respective amount triggered a mandatory minimum prison sentence. There were three “tiers” of offenses involving crack cocaine and mandatory minimum sentences — 0-5 grams, 5-50 grams, and 50 grams and above.

Two laws were passed by Congress to address this disparity — the Fair Sentencing Act in 2010 and the First Step Act in 2018.  The Fair Sentencing Act adjusted the quantities to address the disparity by the

Continue reading on RedState

More articles

- Advertisement -

State News

Biden Admin Sues Texas Over Executive Order Cracking Down on Transportation of Illegal Aliens

The Biden administration has filed a lawsuit against the State of Texas, after Gov. Greg Abbott released an executive order earlier this week prohibiting...

Austin Taxpayers Forced to Pay Left-Wing Consultants $10K/Day for Critical Race Theory Training

If it’s another week, it’s another boondoggle for the City of Austin, all paid for by citizens’ tax dollars. According to recent open records...

Abbott’s Latest Order Doesn’t Protect Long-Term Care Visitation Rights

Gov. Greg Abbott’s latest executive order leaves in place visitation restrictions for residents of long-term care facilities. Some facilities have even locked down again,...

The Liberty Café 44: Stupidity and Texas Republicans

Republicans have wasted a good portion of the 19 years they have been in charge of Texas government. On Episode 44 of the Liberty...

Fighting Honorably, In Context

As the saying goes, “Context is king.” Nowhere have I seen that so practically displayed as in Israel, where passages from the Bible spring...

Continue reading on RedState