Sorry to change the subject. But latest talking points by Gov Scott and Legislators is that they are going to balence the defecic on our backs. Soon the ASAs n APDs n AAGs, who havent seen a raise nor COLA in 6 years get to pay their own pention contribution. Instead of HALF what a private attorney can earn will will mAKE A third. THE Make-up/BALENCE WAS OUR BENI'S BUT NOW WE ARE SEEN as PARASITES ON THE STATE BUDGET. THEY have
NO RESPECT for STATE WORKERS or the FACT WE MAKE THE STATE GOV'T RUN. Thanx for your service, NOW BEND OVER!!
The Return of the Jedi....and Almendarez-Torres:
Federal practitioners have long celebrated the Apprendi line of cases, while criticizing the decision in Almendarez-Torres which excepted recidivism (prior record for our robed readers) from the requirement that a prior record enhancement be proven to a jury like other enhancements.
The decision, which was 5-4 to begin with, has been subjected to an unending line of criticism from those like Justice Thomas who said he "succumbed to error" in casting the 5th vote, and from the majority in Apprendi who opined that “it is arguable that Almendarez-Torres was incorrectly decided.”
Shots continued to be fired at Almendarez-Torres as per the SCOTUS blog:
"the Court called for a response with respect to two petitions that ask the Court to reconsider Almendarez-Torres: Ayala-Segoviano v. United States, 10-5296, and Vazquez v. United States, 10-6117. Since the government filed briefs in opposition, the Court has relisted those cases three times, at the January 7, 14, and (apparently) 21 Conferences."
Stay tuned to see if the Empire Strikes Back.