Seeking early predictions on Southern Union (and Apprendi's future)
This coming Monday, the Supreme Court will hear oral argument on the biggest Apprendicase to come down the pike in a few years. SCOTUSblog has this effective new argument preview posted on the case, and here is how it begins:
On Monday, March 19, the Supreme Court will hear oral argument in Southern Union Co. v. United States, a case that could bring about profound changes in the way courts impose criminal fines, which serve as the principal sanction for organizations, including corporations. The Court will have to determine whether fines are subject to the principle announced in Apprendi v. New Jersey: Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a... [via Sentencing Law And Policy]