Back in 2011, I had a post titled “Second Circuit Clerks, Get Ready: Judge Weinstein’s New Opus Concluding Mandatory Minimum For Child Porn Distribution is Unconstitutional (At Least for Younger Defendants).” My post began:
There are a lot of debates about “judicial activism” in which some question whether the term has real meaning. Fortunately, there is always Jack Weinstein, whose activism is so over-the-top that it easily quiets the debates. The latest contribution to the Second Circuit’s reversal docket is a 400-page sentencing opinion from earlier this week, United States v. C.R..
I ended my snarky post with this line: “One thing is for sure: When the Second Circuit reverses Judge Weinstein, they will do it in fewer than 400 pages.”
The Second Circuit handed down its reversal today in United States v. Reingold. The page count: 50 pages for the majority, with a 6-page concurrence.