If John Ensign Or David Vitter Had Been Caught With A Few Grams Of Crack, What Would The Senate Have Done?

There isn't much unanimity in the Senate these days. Even if the GOP isn't in full obstructionist mode just for the heck of it-- the default position for about 90% of the hours the joint is open-- you'll always find a Bunning or a Coburn in his own private Idaho of reflexive obstruence. But on Wednesday they unanimously passed S. 1789, Dick Durbin's misnamed Fair Sentencing Act. It will reduce sentencing disparities for powdered cocaine (which white middle class people tend to use) and crack cocaine (which poor minorities tend to use.) The sentencing disparity drops from 100:1 to a "mere" 18:1.

Currently, a person convicted of crack cocaine possession gets the same mandatory jail time as someone with 100 times the same quantity of powder cocaine. That 100-1 ratio has been particularly hard on the black community, where convictions on federal crack laws are more prevalent.
Under the measure, approved by a voice vote, the ratio would be reduced to 18-1.

Sen. Dick Durbin, D-Ill., who worked out the legislation with Senate Judiciary Committee Republicans, said he had initially wanted a straight 1-to-1 ratio, but that the final product was a good bipartisan compromise... Under current law, possession of five grams of crack cocaine triggers a mandatory minimum five-year prison sentence. The same mandatory sentence is handed down to a person convicted of trafficking 500 grams of powder cocaine.

Meanwhile, back in July, the House Judiciary Committee approved HR 3245, by a vote of 16-9, which would completely eliminate sentencing disparities between crack and powder. As you can see from the list of 62 cosponsors, this was being pushed by progressive Democrats plus Ron Paul. No other Republicans, other than odd duck Mike Castle of Delaware, signed on and no Blue Dogs at all. The ACLU, the NAACP and the Justice Department all favor the House's approach.

Republicans, Blue Dogs and other right-wing Democrats are standing in the way of the House position and working to fast-track the mediocre Senate bill through the House. Clueless as usual, the mainstream media is presenting this as a great step forward instead of another missed opportunity to right a wrong. Color of Change has a petition on line, to Obama and Pelosi, urging them to stick with the House version over the Senate's racist compromise with knuckledragging Republican bigots. You may think Ron Paul is off his rocker on most thing, but he's right about this one.

As Jeralyn at Talk Left wrote Wednesday night, "This sucks."

It takes 500 grams of powder to trigger a 5 year mandatory minimum penalty. Under current law, it takes 5 grams of crack. Now, 28 grams of crack will do the trick. So an ounce of crack will carry the same penalty as almost a pound of powder (500 grams is 1/2 kilo, a kilo is 2.2 pounds.) And 280 grams of crack (10 ounces) will trigger the 10 year mandatory minimum penalty while 5 kilos of powder are required.

Worst of all, the bill is not retroactive and the reduction won't help anyone who has already been sentenced... The unfair law has been in effect for 24 years. 75,000 people have been sentenced under it. Today, once again, the politics of compromise triumphed over principle, fairness and justice.