BACKGROUND: This issue has garnered unusual attention in recent days as Americans have taken a close look at race relations and the fairness of the criminal justice system. Many argue that America's drug laws unfairly target blacks by requiring federal judges to impose harsher sentences for possession of crack cocaine than the drug's standard powdered variety. For instance, selling a few hundred dollars of crack will bring a mandatory five-year sentence, while selling up to $50,000 of powdered coke can bring no more than probation. Crack cocaine, which is less expensive than cocaine, is much more common in inner cities. It is also the only drug that carries a minimum prison sentence and the overwhelming majority of those tried for its possession are black.

STATUS: The U.S. Sentencing Commission, established by Congress in 1985, has recommended changing the mandatory sentencing requirement for possession of crack cocaine to apply only when 500 or more grams are involved, rather than the current 5 grams. The commission's recommendations automatically become law unless Congress votes to overturn them by Nov. 1. The Senate approved S1254, which rejects the recommendations, by unanimous consent on Sept. 29. The House passed HR2259 on Wednesday night, 332-82, and then adopted the Senate bill by a voice vote.

KEY PLAYERS: Black House Democrats including Reps. Maxine Waters (D-CA), Mel Watt (D-N.C.) and John Conyers Jr. (D-MI), have pressed hard for an end to the mandatory sentences. Freshman Sen. Spencer Abraham (R-MI) sponsored the Senate bill that rejected the recommendation.

PRO: Imposing harsher penalties for a drug used mainly by blacks, and thus punishing blacks more than whites for similar crimes, is a form of racism in the criminal justice system. There is no compelling reason to place crack in a special category, particularly considering the resulting bias in punishments.

"Crack cocaine mandatory minimums make a mockery of justice. Their application is fundamentally unfair. Two days ago, one million African-American men came to Washington D.C. In the wake of this momentous occasion, we call on Congress to repeal any law, any regulation or any rule which so obviously violates basic tenets of fairness." -- Rep. Maxine Waters (D-CA)

CON: Crack is treated differently from powdered cocaine with good reason: it is a concentrated, more potent and more addictive form of the drug. Furthermore, the solution to a disparity in sentencing would seem to be increasing powdered cocaine sentences, not reducing crack cocaine sentences.

"I think [ending mandatory sentences] sends entirely the wrong message: that in the war against crack, society blinked. That is not what we should be telling the crack dealers. And that is not what we should be telling the brave law abiding members of communities under attack by the crack dealers who are fighting back." -- Sen. Spencer Abraham (R-MI)

WHAT'S NEXT: The House and Senate must report a final bill out of conference, which appears certain to pass, rejecting the commission's recommendations.

INSIDE SCOOP: In the wake of the O.J. Simpson trial and the Million Man March in Washington, votes like this that specifically affect race relations and black America will assume a higher profile -- at least for a while. But the Republican Congress has thus far shown little interest in aiding blacks or the poor, choosing instead to emphasize community responsibility and elimination of the welfare system as a way to empower black America.