The fact that no appointments have been made to fill any one of these seven vacancies is paralyzing a critical component of the federal criminal justice system. The Sentencing Commission was created under the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. Although the staff of the Commission has been able to carry on the Commission's routine functions, in its present state the Commission is unable to perform some of its core and crucial responsibilities. For example, there are no Commissioners to propose guideline amendments or to take action on Congressional directives or implement legislation. There are no Commissioners to resolve or address circuit conflicts in Sentencing Guidelines interpretations.
Every commission needs to make adjustments or respond to changing circumstances or new information.
The Sentencing Commission is unable to do so until Commissioners are appointed. With criminal cases in federal courts reaching historic levels, the Judiciary needs a fully functioning Sentencing Commission. If we are going to have Sentencing Guidelines, the Sentencing Commission must be empowered to do its work. The President and the Senate should give this situation their immediate attention. The number of cases brought to the federal courts is one of the most serious problems facing them today.