Was That Breyer’s Last Argument? Deep Dive (PODCAST)

May 7, 2021, 8:25 PM

The U.S. Supreme Court heard its last argument of the term—and perhaps the last of Justice Stephen Breyer’s tenure—in a crack-cocaine sentencing case May 4.

D.C. Solicitor General Loren AliKhan, who filed a brief supporting the defense, joins the latest Bloomberg Law “Cases and Controversies” episode to break down the dispute in Terry v. United States, over whether low-level crack offenders can get relief under the First Step Act.

Judging from the argument, it sounds like the court will say no, even though the Justice Department switched positions after the 2020 election to side with the defendant, Tarahrick Terry.

Hosts Kimberly Robinson and Jordan Rubin also speculate about the latest in Breyer Watch—will he retire? when?—and give some statistics on when other justices have announced their plans to step down.

Hosts: Kimberly Robinson and Jordan Rubin

Guest: District of Columbia Solicitor General Loren AliKhan.

Producer: David Schultz.

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To contact the reporter on this story: Jordan S. Rubin in Washington at jrubin@bloomberglaw.com

To contact the editors responsible for this story: Tom P. Taylor at jcrawley@bloomberglaw.com; Seth Stern at sstern@bloomberglaw.com; John Crawley at sstern@bloomberglaw.com

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