Osler's Razor

I spent part of the morning writing up my impressions of the Kimbrough opinion for the well-known SCOTUSblog. That post is now available here.

What I left out of that post is one of my favorite parts of the opinion: That the Supreme Court incorporated into their opinion an idea that Dustin Benham and I first introduced into this debate in Spears, and which later was included in the petitioner's briefs in Kimbrough: That Congressional inaction, in this circumstance, speaks to their acceptance of the breakdown of the 100:1 ratio.

It's gotta be a pretty good day, too, for BLS student Matt Acosta, who wrote a chunk of our brief and got to watch the Justices bat our ideas around at oral argument.

Of course, we were just a few of many people who have worked on this issue for many years, and many of them better deserve the acclaim they should be receiving today. One of them, Doug Berman of Ohio State, has his own list of winners and losers here. Another, Michael O'Hear of Marquette (who co-wrote our brief) has also posted his evaluation of Gall on SCOTUSblog.