The New York Times: Drug Sentencing Bill Is in Limbo as Midterm Politics Paralyze Congress

WASHINGTON — The Equal Act would appear to be a slam dunk even in a badly divided Congress.

The legislation, which aims to end a longstanding racial disparity in federal prison sentences for drug possession, passed the House overwhelmingly last year, with more than 360 votes. It has been enthusiastically embraced on the left and right and by law enforcement as a long-overdue fix for a biased policy. It has filibuster-proof bipartisan support in the Senate and the endorsement of President Biden and the Justice Department.

Yet with control of Congress at stake and Republicans weaponizing a law-and-order message against Democrats in their midterm election campaigns, the fate of the measure is in doubt. Democrats worry that bringing it up would allow Republicans to demand a series of votes that could make them look soft on crime and lax on immigration — risks they are reluctant to take months before they face voters.

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Backers of the Equal Act and other criminal justice legislation said they hoped that was true for them. They insist that they can still get their bill passed this year, and that opposition will backfire politically.

“This is a real opportunity for bipartisan achievement to eliminate one of the worst vestiges of injustice from American drug policy,” said Holly Harris, the president and executive director of the Justice Action Network and a leading proponent of criminal justice changes. “Those who seek to thwart this opportunity for 15 minutes of fame, five minutes of fame — I don’t think that’s going to be rewarded by voters.”

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Its supporters say that they recognize the difficulties but believe that it is the single piece of criminal justice legislation with a chance of reaching the president’s desk in the current political environment.

“Of all the criminal justice bills, this is the one that is set up for success right now,” said Inimai Chettiar, the federal director for the Justice Action Network. “It is not going to be easy on the floor, but I think it is doable.”

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Sponsors of the Equal Act say they intend to push forward and remain optimistic that they can overcome the difficulties.

“We’ve got an amazing bill, and we’ve got 11 Republicans and people want to get this done,” said Senator Cory Booker, Democrat of New Jersey and the lead sponsor of the legislation. “My hope is that we are going to have a shot to get this done right now.”

Ms. Harris said that Democrats must recognize Republicans will attack them as soft on crime regardless of whether they act on the measure.

“They are fearing something that is already happening,” she said. “Why not dig in, stay true to your principles, and do what is right for the American people? Maybe, just maybe, the politics will shake out.”

https://www.nytimes.com/2022/04/29/us/politics/congress-drug-sentencing-bill.html