Cite as: 529 U. S. 244 (2000)
Souter, J., dissenting
I also dissent from the Court's failure to require discovery on remand. At the very least, the record gives reason to expect that discovery could show that the affected class has been subjected to the risk of increased sentences. Morales stressed that the question of what changes will be " 'of sufficient moment to transgress the constitutional prohibition' must be a matter of 'degree,' " 514 U. S., at 509 (citation omitted) (emphasis in original). Even if I am wrong and respondent cannot prevail on this record, it is plain that further discovery is justified to determine the degree to which the change at issue here altered sentence lengths.
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and Paroles, Parole Decisions (visited Mar. 2, 2000), http://www.pap. state.ga.us/Decisions.htm. If we accept the board's statements, changed circumstances or new information would rarely make a difference.
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