"Justice Scalia, Meet the Framers"

As the Blakely fallout continues in the lower courts, on July 26th Washington State peitioned the Supreme Court for rehearing in Blakely. The petition itself argues that the historical underpinnings the Court found in Apprendi (and adopted by reference in Blakely) were simply wrong. Ouch! Nino, are you reading? It is worth reading, although I doubt it will go far, and you can find it here at Blakely Blog. After Judge Scalia's barbs at Justices O'Connor and Breyer in Blakely, I can only wonder how many votes it takes to grant a petition for rehearing.