The Libby Motion, O for 3.

It appears that, as I predicted here, the Supreme Court is going to adhere to the notion that individual acts of clemency (and accompanying statements of explanation) are no basis for federal sentencing policy - a position this blog has maintained doggedly (here and here and here).

At the SCOTUSblog, it is noted that the Court refused on Monday to reconsider its June decision which upheld the 33-month sentence of Victor A. Rita, Jr. (Rita v. U.S., 06-5754). Rita's counsel asked for rehearing:

arguing that the President had taken one position on the nullification of the 30-month prison sentence of former vice presidential aide I. Lewis Lobby, and a contradictory position through the Justice Department argument that Rita's sentence was valid.

Even the summary of the argument doesn't look very impressive.