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Smashing Precedents and Making Up Facts
Strict Scrutiny
The First Step Act v. United States
The case concerns the first step act. That law reduced the penalties for crack cocaine offenses and allowed courts to resentance individuals who were sentenced for certain crack cocaine offenses. Justice Sotomayor, writing for a majority of five justices held that courts may take those subsequent developments into account. It was an extremely unusual five four lineup. The three Democratic appointees together with Justice Gorsuch and Thomas. Justice Kavanaugh wrote the dissent for Chief Justice Justice Alito and Justice Barrett.
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