Break in Blogging and Comstock

I just had my first child and he arrived ahead of schedule. He is doing very well in the neonatal intensive care, but until all of that is taken care of, I won't be blogging. Hopefully, the break won't be too long.

However, I just found out what happened in Comstock, so I had to mention it here. From SCOTUSBlog:

Chief Justice John G. Roberts, Jr., put on hold on Friday a federal appeals court ruling that the federal government contended would lead to the early release of “the great majority” of “sexually dangerous” inmates now held in federal prison.  In a brief order, the Chief Justice said there was “a presumption of constitutionality” of the 2006 federal law that the Fourth Circuit Court struck down.  He thus blocked temporarily the Circuit Court ruling, until the Justices act on a new government appeal filed Friday (U.S. v. Comstock, et al., 08-1224).

Roberts took little time to act. The Justice Department in the morning asked for a delay of the appeals court decision, but also sought an “immediate, interim” stay while its request was awaiting the Chief Justice’s reaction. Roberts, without seeking a response from the challengers to the federal law, by late afternoon issued his order fully staying the Circuit Court.

I have to admit I'm baffled by this. Early release of dangerous sex offenders? Only if "early release" is defined as releasing somebody at the end of their sentence. The government could have filed this motion at any time after the Circuit Court decision. Waiting until the last possible minute to create "immediate" harm so the other side couldn't argue seems very strange to me. Either way, I take this as a strong signal that the Court will grant cert. in the case.

Sentencing Law & Policy's coverage is here.

Comments

[lawdoc]

The break may be in about 18 years. That is when you'll have enough time to blog again. Congratulations on your first child and I hope he joins you at home real soon.

[George]

Congratulations on the birth of a miracle, and it truly is a miracle. Here's to hoping your wife is well and your newborn will soon be keeping you awake at night in your home. Best wishes.

[David Hess]

Congratulations!

[rodney]

congrats on the new baby. Af the the so-called "early relase" seeing as most of individuals who filed this lawsuit finished their LEGAL court ORDERED sentence did it TWO YEARS ago....i think anyone calling it an early relase needs THEIR HEAD EXAMINED! followed by their own COMITTMENT HEARING.

This is NOTHING but ANOTHER criminal attempt to punish them over and over and over and over.

[Rebecca Pennell]

Congratulations on your baby and I hope you find yourselves home very soon.

[eAdvocate]

Congratulations to you and your wife.

Humm, now you are going to have to split your spare time between blogging and burping. I think you'll enjoy them both.

[John Gramlich]

Congratulations!

[Joe]

Congratulations on the new baby! I'll keep my fingers crossed for him to be able to come home with you and your wife soon.

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