Brett Kavanaugh Questions Sentencing Commission's Power in Supreme Court Oral Arguments

Sentencing Commission's Discretion

• 🎯 Justice Kavanaugh questioned an attorney regarding the U.S. Sentencing Commission's authority, specifically if it could have granted itself more power.
• 💡 The attorney acknowledged that the commission could have adopted a provision allowing for changes when sentencing became inequitable due to legal shifts.

Commission's Past Actions and Safeguards

• ⚖️ The attorney argued against the government's fears of the commission overstepping, citing its history of cautious and modest use of power.
• 🔒 It was noted that any new guidance from the commission must undergo a 6-month review by Congress, which has the power to reject it.
• ✅ The commission's choice not to pursue broader powers in the past demonstrates its careful approach to its responsibilities.