Although such laws have come before the Supreme Court five times in the
last seven years, this summer would be the final time. In an 8-1 decision,
the court determined "three strikes" laws are unconstitutional
based on the inability to maintain a fair and indiscriminate execution
of such laws.
Justice Antonin Scalia said, on behalf of the majority opinion, "Nine
years' experience trying to derive meaning from the residual clause
convinces us that we have embarked upon a failed enterprise." Justices
Kennedy and Thomas agreed that the law contains unconstitutional elements
which should not stand.
In states which use "Three Strikes" laws have been implemented,
such as California, the law will need to be rewritten if they not repealed.
If you were arrested in a "Three Strikes" scenario, call on The
Law Offices of Jacqueline Goodman to challenge your arrest and avoid a