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Justice Kennedy Applauds Bucking Sentencing Laws

The fight between Congress and our federal judges is heating up. Congress wants to further limit judicial discretion in sentencing by reigning in judges who grant downward departures from the federal sentencing guidelines. Many judges are furious. Here's what Supreme Court Justice Anthony Kennedy had to say yesterday:

"I do think federal judges who depart downward are courageous," Kennedy told the House Appropriations Committee during a hearing on the court's budget. Judges should not have to "follow, blindly, these unjust guidelines," he said....The mandatory minimums enacted by the Congress are in my view unfair, unjust, unwise," Kennedy said.

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