Finally! One of the West Wing's Biggest Cliffhangers Answered

This case in the New York Court of Appeals (the highest New York state court) asks whether a government agency can conceal guidance that it issues to judges on how to apply the law in adjudicating cases. A few years ago, news reporting brought to light that a New York administrative agency has a practice of issuing such guidance to state court judges without disclosing it to the public. Because the agency's guidance informs how judges decide cases—with important implications for people’s rights—the New York Civil Liberties Union requested access to it under New York’s Freedom of Information Law. The agency denied the request, so the NYCLU sued. The NYCLU and the ACLU’s State Supreme Court Initiative are arguing that the public is entitled to the guidance and that there is a strong public interest in the transparent administration of justice.

This case asks if ORS 138.105(8)(a)(A)—which removes an appellate court’s authority to review a “sentence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission”—precludes appellate review of a state constitutional challenge to a within-guidelines criminal sentence. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief in support of defendant Fernandez, who seeks to challenge his sentence under the Oregon Constitution’s proportionality guarantee. The amicus brief argues that interpreting the statute to preclude review of Fernandez’s challenge would raise grave constitutional concerns under Oregon’s separation of powers and privileges and immunities doctrines.

WASHINGTON – President Biden announced today that he will commute the sentences of nearly 2,500 people impacted by the failed war on drugs – a war that devastated communities by incarcerating people for unjustly long sentences. These extreme and unjust sentencing policies of the past disproportionately impacted communities of color, particularly through the discriminatory 100:1 and subsequent 18:1 sentencing disparity between crack and powder cocaine. This announcement comes after President Biden granted commutations to 37 people on federal death row, and 1,500 people who were released to home confinement during the COVID-19 pandemic under the CARES Act. With the nearly 2,500 commutations announced today, President Biden has now granted commutations to more people than any president in our history. Cynthia W. Roseberry, director of policy and government affairs at the ACLU’s Justice Division, had the following statement: “We are thrilled with President Biden’s decision to commute nearly 2,500 sentences today. We have long advocated for the use of clemency to heal communities by returning loved ones to their families and to address the harms of our broken criminal legal system. This decision reflects the growing recognition that harsh drug sentencing laws tear communities apart by incarcerating people who otherwise would benefit from second chances and supportive services. Today’s decision, and the other acts of clemency over the last several weeks, are major steps towards remedying the shameful criminal legal policies of our past and building a more just future. “While we celebrate this progress towards justice, we know there is more we must do to repair the harm of the war on drugs and push for a criminal legal system rooted in fairness and humanity. The disparity between crack and powder cocaine remains 18:1, despite the substances being chemically identical. Congress must act swiftly to pass the bipartisan EQUAL Act, which would end the disparity once and for all.” Learn more about the ACLU’s Redemption Campaign here: https://www.aclu.org/news/topic/the-redemption-campaign-embracing-clemency

WASHINGTON – President Biden heeded the calls of advocates and families today by granting commutations to close to 1,500 people who were released to home confinement at the height of the COVID-19 pandemic under the CARES Act and pardons to 39 additional people, including many veterans and women. The CARES Act, passed in 2020 in response to the COVID-19 pandemic, allowed certain groups of people to serve part of their sentences at home to mitigate the dangers of COVID-19 in federal prisons. Since then, thousands of people have been allowed to serve part of their sentences at home, securing jobs, reconnecting with loved ones, and reintegrating into their communities. The American Civil Liberties Union advocated for the CARES Act and has been urging President Biden to provide clemency to CARES Act release recipients since 2021, launching a six-figure ad buy, engaging grassroots supporters, filing FOIA litigation, and more. “We are thrilled that President Biden has allowed people to remain with their families and communities, where they belong, said Cynthia W. Roseberry, director of policy and government affairs at the ACLU’s Justice Division. “The CARES Act was an unprecedented experiment in decarceration, and the data tells us it was incredibly successful. Of the over 13,000 people released, more than 99 percent have safely and successfully reintegrated into their communities. We urge Congress to build on the remarkable success of the CARES Act and pass other decarceration policies that prioritize compassion, redemption, and public safety.” “President Biden’s actions today also remind us of the incredible and unique power of executive clemency,” Roseberry continued. “The ACLU has long advocated for the categorical use of clemency to address unjust outcomes of the criminal legal system. While today’s announcement is wonderful, there is more to do in the final weeks before President Biden leaves office. We strongly urge President Biden to use his power to address this country's failed death penalty by commuting death row sentences.” According to data the ACLU obtained this year through FOIA litigation, the vast majority (71.8 percent) of those on home confinement had less than one year remaining in their sentence. Almost a quarter (23.5 percent) of CARES Act clemency recipients are older than 61 and over half (59.4 percent) are people of color. “Biden's announcement today means I can finally breathe a sigh of relief after 3.5 years of living with the fear of being sent back to prison for no reason,” said Won Lee, released on CARES Act home confinement in May 2021. “The second chance I got through the CARES Act allowed me to take care of my aging parents, restart my career, pursue a graduate degree, and receive treatment for the cancer I was diagnosed with shortly after returning home. Today's decision means I will no longer have to live with the uncertainty and fear that I will be unjustly uprooted from my life and family, who now depend on me. I am incredibly grateful and thrilled to sleep soundly tonight knowing I'll remain at home.” Learn more about the ACLU’s campaign to commute death row here: https://www.aclu.org/campaigns-initiatives/president-biden-commute-the-row