Justice Scalia's prior opinions suggest he would disagree with the D.C. Circuit's decision affirming a very long sentence that relied on judge-found facts. Maybe the rest of the Court would, too.

Paterson, N.J. is trying to fight back against the grip of fentanyl by passing harsher laws. But critics say those laws punish addiction and don't address more serious problems.

Rachel E. Barkow is the Segal Family professor of regulatory law and policy and the faculty director at the Center on the Administration of Criminal Law at New York University. Updated August 19 ...