Kimbrough v. United States — Thomas, J., dissenting

Summary

Justice Thomas dissents, arguing the Court's post-Booker advisory sentencing regime lacks a statutory foundation and forces judicial policy-making rather than law application. He maintains the Booker remedy was too broad and that Congress intended the Guidelines to be mandatory under 18 U.S.C. § 3553(b). Justice Alito dissents similarly, arguing district judges must still give significant weight to Guidelines policy decisions, while Justice Scalia concurs, emphasizing the district court's freedom to reject Guidelines advice after considering statutory factors.