Bump and Update: Law Prof Doug Berman of Sentencing Law and Policy was also in court. Here's his first take, more tonight:

First, I agree with Tom Goldstein's post here that the Blakely five will stay together to apply Blakely to the federal system. The pre-argument buzz was that Justices Souter and Ginsburg might shrink away from extending Blakely, but their questions to Acting SG Paul Clement (who did a brilliant job) suggested that they both were firm on this issue.

But oral argument also suggested everyone is still struggling with the remedy after we conclude Blakely applies to the federal system. Justice Stevens pressed the SG about how many cases would really be impacted if Blakely applies to the guidelines, confirming that this may be a critical issue for the Justices on the severability question (and on which the US Sentencing Commission ought to try to shed a lot more light with whatever data it has assembled). How (and when) the Justices will sort through these matters remains the biggest question in my mind after hearing today's arguments.

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Original Post 2:00
Like many lawyers around the country, we're waiting for news about the Supreme Court oral argument in Booker and Fan Fan today. Tom Goldstein, of Scotus Blog via Blackberry, has this report: