Should the Court finally overrule Almendarez-Torres?

QUESTION PRESENTED In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction need not be alleged in the indictment because it was a sentencing factor and not an element of the offense. But Alleyne v. United States, 570 U.S. 99, 114-15 (2013), abandoned the distinction between “sentencing factors” and “elements,” and United States v. Haymond, 139 S. Ct. 2369, 2376 (2019), reaffirmed that “a jury must find beyond a reasonable doubt every fact which the law makes essential to [a] punishment that a judge might later seek to impose.” Should the Court finally overrule AlmendarezTorres? 1