Thursday, January 13, 2005

Morning Briefing - 1.13.05

Good Morning . . .

Wednesday's Supreme Court decision that made sentencing guidelines advisory instead of mandatory has created concern and activity in the Senate.

Justice Stephen Bryer said in the opinion that it was up to Congress to create legislation that would pass constitutional muster for sentencing guidelines. Senate Republicans are feeling a sense of urgency to craft a legislative solution. Democrats, as usual, want caution and to protect criminals more than the general public.

Assistant Attorney General Christopher Wray said, "To the extent that the guidelines are now advisory, the risk increases that sentences across the country will become widely inconsistent." The original intent of mandatory sentence guidelines was to ensure that sentences would be consistent.

Senator Arlen Specter (R-PA) chairman of the Senate Judiciary Committee issued on a brief statement that the ruling had "major implications for America's legal system." What that actually means and what will happen in the judiciary committee are uncertain.

Obstructionist senators Leahy (D-VT) and Kennedy (D-MA) urge caution. That usually means they want the Senate to do nothing.
Yahoo! News - Senator expected to act fast on rules

Judges in thousands of cases nationwide were waiting for the Supreme Court decision before ruling on sentences. One convicted felon's attorneys are also looking at yesterday's ruling.

Martha's Stewart's legal team are looking at the ruling to study the implications for reducing Stewart's confinement. If anything, the judge in the case may review the sentence to increase it.
Yahoo! News - Report: Stewart Lawyers Eye Court Ruling

The new Governor of Indiana Mitch Daniels is making moves that will not endear him to labor unions throughout the state and country. Daniels has cancelled union contracts and collective bargaining agreements with state workers. Under Indiana law each governor must sign an executive order to grant state workers collective bargaining rights. Daniels has chosen not to sign such an order.

Daniels also announced that those union contracts that expire in 2007 will not be re-negotiated.

While several labor organizations believe this is a wrong move by the new Governor, it will allow the state to fire employees who fail to do their job.

Republican Governor Nixes Collective Bargaining for State Employees -- 01/13/2005
Northwest Indiana News: nwitimes.com

Although the State of Washington has inaugurated a new Governor, the election and its aftermath may not be over.

The GOP has filed a suit to have a Court require a re-vote in the contested gubernatorial election. The suit points out inconsistencies such as more votes in King County than registered voters, the number of votes from dead people and felons, uncounted military votes, and, at least, 1,000 votes that do not match registered voters.

Democrats say that the GOP does not have a case under the high level of scrutiny required for a re-election. Both sides agree that the case will end up in the state's Supreme Court.
WorldNetDaily: Washington governor sworn in after 'orange' rally
More in the Afternoon Update.
Republican Governor Nixes Collective Bargaining for State Employees -- 01/13/2005

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