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Justices Gorsuch and Jackson clashed over the practical nature of requiring juries to make factual determinations needed for sentencing enhancements.
Justice Neil Gorsuch said he would have taken up the case.
A defendant argues he had the right to confront in court the lab analyst who tested the drugs.
The state says the 9th Circuit was wrong to ignore a lower court’s findings about potentially mitigating evidence.
The Supreme Court justice said the decision not to review a liability verdict could endanger defendants’ constitutional rights.
