Supreme Court Decision on Sentencing a ‘Call to Congressional Action’: Justice Action Network

First Step Implementation Act Would Clarify Law’s Intent, Reopen Sentencing Relief for Thousands

Washington, D.C. –A Friday decision from the Supreme Court that split justices by how they interpret the word “and” is garnering renewed interest in federal sentencing and incarceration rates. In Pulsifer v. U.S., Mark E. Pulsifer, who was sentenced for two non-violent drug charges related to selling methamphetamine, argued that he was eligible for relief under former President Trump’s First Step Act because he did not meet all three exclusionary criteria in a list set out in the legislation. The government argued that he did not qualify for sentencing relief because the word ‘and’ in the list disqualifies anyone who meets any one of the items. Written by Justice Elena Kagan, and joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr., Brett M. Kavanaugh and Amy Coney Barrett, the majority opinion sided with the government, and may be the basis to deny relief to thousands of other people. 

A bipartisan bill under consideration in Congress, the First Step Implementation Act, would fix the provision in question and bring the law more in line with what Pulsifer and his attorneys argued was the intent of the original law. 

The Justice Action Network (JAN), the nation’s largest bipartisan criminal justice advocacy organization working to advance data-driven policy at both the state and federal levels, released the following statement in the wake of the decision: 

“The Supreme Court’s Friday decision in Pulsifer v. U.S. is a disappointment to those who would be eligible for relief, and to the many advocates and experts who worked tirelessly to achieve the First Step Act’s groundbreaking bipartisan advancement in justice in 2018,” said J.C. Hendrickson, JAN Federal Affairs Director, “Incarceration is expensive, and we know that long sentences do not improve public safety. Keeping thousands of people locked up longer because of disagreement over a three letter word is bad for American taxpayers. The justices’ opinion is a critical call to congressional action. The bipartisan First Step Implementation Act is awaiting action in the Senate today, and has been for months. Now is the time to pass a bill that can and will clarify Congress’ earlier intent and ensure The First Step Act can continue to make communities safer and the economy stronger.”