BREAKING NEWS: U. S. Supreme Court rules judges can deviate from guidelines to prevent disparity in punishment between crack and powder cocaine.

In a major ruling released today, the U. S. Supreme Court has ruled, in a 7 to 2 opinion (Justices Thomas and Alito dissented), in the case of Kimbrough vs. United States, No. 06-6330, that federal judges can deviate from the Federal Sentencing Guidelines (which the court concluded were merely ADVISORY) in order to erase the UNFAIR and seemingly UNCONSTITUTIONAL disparity in sentencing and punishment between those who use or possess powder cocaine and crack cocaine.

In an earlier posting here, I suggested that "I FAIL to see why the disparate treatment is warranted under the constitution's equal protection and due process clause(s), but I will be willing to hear from anyone who disagrees with me on this issue."

Glad to state that NO one took me up on the offer, and it now appears the Court has agreed with me. (Please note: I am NOT condoning ILLEGAL drug use, ONLY that those who use cocaine (whether powder or crack), should receive the SAME (or very similar sentence) -- nothing MORE, nothing LESS.