All errors should be reported to DonSurber@gmail.com

Monday, June 14, 2021

Supreme Court upholds Kim Kardashian Law

For a woman who cannot get into law school (she failed her "baby Bar" exam last week), Kim Kardashian sure made legal waves.

The Supreme Court handed down a 9-0 decision today on the First Step Act, also known as the Kim Kardashian Law because of her success in lobbying President Donald John Trump to support the proposal. Her law was one of the few truly bipartisan acts passed by Congress in the past two decades.

Reuters reported, "The U.S. Supreme Court on Monday ruled that potentially hundreds of low-level crack cocaine offenders cannot benefit under a 2018 federal law that reduced certain prison sentences in part to address racial disparities detrimental to black [criminals]. 

"The justices in an opinion by conservative Justice Clarence Thomas ruled 9-0 against Tarahrick Terry of Florida, who had asked them to include offenders like him -- people who had been arrested in possession of small amounts of crack cocaine -- within the scope of the First Step Act signed into law by former President Donald Trump. 

"The First Step Act provision in question made retroactive another 2010 law, called the Fair Sentencing Act, that reduced a disparity that had left sentencing for crack cocaine crimes more severe than for powder cocaine crimes."

The justices refused to extend the law beyond what Congress wrote.

In her concurring opinion, Justice Sonia Sotomayor urged Congress to change the law.

The argument is that since most crack cocaine criminals are black and most powder cocaine criminals are white, the sentences should be the same. That is a superficial argument given the disparity in the potency of the drug and the harm crack does to society.

But the real winner in all this is Kardashian, who wants to be something more than a celebrity with a cartoonish body, four kids, three ex-husbands, and a ton of money. Her father was a criminal defense lawyer (part of OJ Simpson's dream team), which explains why she is siding with convicts. Given her admitted drug use as a teen, perhaps she feels some guilt over not being arrested.

As for Terry, his 15 1/2-year sentence for 3.9 grams of crack has been upheld by appellate courts including the highest in the land. If the Supreme Court unanimously upholds your sentence, you got what you deserved.

The Biden administration sided with Terry. After all, the president's son is a cokehead.

But the law is the law.

As Justice Thomas wrote, "In light of the clear text, we hold that §2(a) of the Fair Sentencing Act modified the statutory penalties only for subparagraph (A) and (B) crack offenses—that is, the offenses that triggered mandatory-minimum penalties. The judgment of the Court of Appeals is affirmed."

Clear text.

There's a novel concept in Washington.

The 9-0 vote supports Jonathan Turley's theory that the justices are banding together as a warning to Democrats not to try to stack the court. Sotomayor's concurring opinion could have easily become a dissent but they decided to hang together rather than hang separately.

Democrats may regret threatening to pack the court, because Breyer, Kagan, and Sotomayor may pick up the habit of siding with conservatives.

29 comments:

  1. I'm not a fan of probation. It's a waste of time in most cases. That doesn't mean I want to pack the jails and prisons. Instead for minor nonperson felonies, go with an old fashioned horse whipping.
    Prison sentences should be short, harsh, and done with an eye towards making the criminal want to reform.
    When all else failes, or the crime is severe enough to warrant, the Texas air dance is proven to reduce recidivism to near zero.

    ReplyDelete
    Replies
    1. Proper Wild West execution following trial was a neck snap, instant limp, not much dancing.

      Delete
    2. Depends if it's short drop or long drop.

      Delete
    3. The leader of the mob about to string up W.C. Fields: "Do you have any last wishes?"
      Fields: "I want to see Paris before I die."
      (The mob grows more menacing.)
      Fields: "But Philadelphia will do."

      Delete
    4. This comment has been removed by a blog administrator.

      Delete
    5. TD, in Texas it was common to hang horse thieves and cattle rustlers from the nearest tree. No gallows, just seat the guy on his horse, loop the rope, then slap the horse as in the good the bad and the ugly. In these times, animal cruelty is frowned on, so maybe we should make em stand on the back of a flatbed truck then drive off, the method Russia used to execute Nazi war criminals.

      Delete
  2. "Breyer, Kagan, and Sotomayor may pick up the habit of siding with conservatives."

    Ah, what a wish-casting moment for my fave blogger.

    ReplyDelete
  3. So did Roberts cross the line on this one?

    ReplyDelete
  4. Kim did fail the law school entrance exam, she failed the California Bar exam. My understanding is that without a law degree she cannot fully practice law, but passing the bar will get her some ability to advocate. Passing the bar, especially without attending law school, would be an impressive accomplishment.

    ReplyDelete
    Replies
    1. It's the baby bar exam. I'll clarify. Thanks

      Delete
    2. LOL, I first read that she failed the booby bar exam.

      Delete
  5. The 9-0 stands out more than the issue. Glad the law was upheld, but glad to see some sanity from the court. I would like to see 9-0 on some major issues, where the constitution comes out victorious.

    ReplyDelete
    Replies
    1. What’s that old saying about wishing in one hand and crapping in the other?

      Delete
  6. Could it be the Court has shifted given the recent run of 9-0 decisions? It may be the Conservative Justices are making strong arguments the liberal justices are incapable of overcoming.

    ReplyDelete
    Replies
    1. I think Don is right that the recent spate of 9-0 decisions is an attempt at self-preservation. The other possibility is that the lefties know they’re outnumbered and cannot prevail, and they don’t want to take up permanent residence on the losing side.

      Delete
    2. This comment has been removed by the author.

      Delete
    3. Where were they when they could have stopped all the Joe and the Ho nonsense?

      If a guy steals your car and everybody sees him driving around in it, the issue is not "moot".

      I do believe Roberts is scared Trump will do an Ahnold on him.

      Delete
    4. Skinny... Since when do leftist consider facts. Everything to them is "feelings" and politics. These 9-0 rulings are politics. Period

      Delete
  7. Well, good for her, whether you approve of her ass or not.

    In her concurring opinion, Justice Sonia Sotomayor urged Congress to change the law.

    Which, needless to say, is how the system is supposed to work.

    ReplyDelete
    Replies
    1. I don’t approve. Of Kimmy’s caboose, that is. Her cheeks bring to mind overinflated bicycle tires.

      Delete
    2. I completely agree Z!!! It's all fun and games until she has a "Blowout" and someone gets hurt...



      Ewww!

      Delete
  8. This gives me a bit of comfort. They are not rubber stamping the Dems agenda.
    (Also I think there are more Dem that have cold feet than we might imagine )

    ReplyDelete
  9. The First Step Act was the worst thing that President Trump did during his term. Trump ran on a tough on crime platform, this law was an easy on crime concession to gain the black vote. It released violent criminals, heavy duty drug dealers, and people with gun offenses. It was a Kardashian/JAVANKA inspired law.

    ReplyDelete
  10. This comment has been removed by a blog administrator.

    ReplyDelete
  11. President still has The Pardon. See how 9-0 stacks up against The Pardon

    ReplyDelete
  12. Even the Robed SC Justices must see the horrendous failures and harm the Squatter in Chief has placed upon our Republic and the flagrant abuse of power and disregard for our Rule of Law as given in the United States Constitution. Read it again folks it is not long and very interesting the foresight the drafters had about Evil threatening 'free men', as we witness today.

    ReplyDelete
  13. This comment has been removed by a blog administrator.

    ReplyDelete
  14. Makes $190 to $480 per day online work and i received $21894 in one month online acting from home. I am a daily student and work simply one to a pair of hours in my spare time. Everybody will do that job and online makes extra cash by simply.
    OPEN This Website.... W­­­­W­­­­W.C­­­­A­­­­S­­­­H­­­­A­­­­P­­­­P­­­­1.C­­­­O­­­­M

    ReplyDelete
  15. Im making over $13k a month working part time. I kept hearing other people tell me how much money they can make online so I decided to look into it. Well, it was all true and has totally changed my life. This is what I do..........READ MORE

    ReplyDelete