Senate Leader Pushed on EQUAL Act – Update for August 3, 2023

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

ADVOCATES DEMAND SCHUMER MOVE ON EQUAL ACT

The New York Daily News last week reported that a coalition of 35 reform groups have delivered a letter to Sen Charles Schumer (D-NY), the Senate majority leader, demanding passage of the EQUAL Act (S.524), the latest iteration of a bill that would equalize the punishments for powder and crack cocaine.

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Last summer, Schumer made the legislation a priority, but the bill didn’t get a Senate floor vote before the 117th Congress ended. Now, advocates are requesting that Schumer push for the bill once more. The letter demanded action in the summer session, but that session ended last week without action.

“While we appreciate Sen. Schumer’s support for the EQUAL Act, the reality is that Democrats have now controlled the Senate Judiciary [Committee] for three years without advancing any meaningful criminal justice reform,” said Janos Marton, vice president of political strategy for Dream.org. “Now is the time to do that.”

Inimai Chettiar, federal director of Justice Action Network, another signer on the letter, agreed: “This bill needs to move ASAP. Given that Sen. Schumer is the majority leader, he also has the power to put pressure on the Judiciary Committee to have them move this bill,” she said. “It’s been three years that we’ve been waiting.”

crack-coke200804Congress narrowed the disparity between crack and powder with the Fair Sentencing Act in 2010. Prior to the passage of that measure, one gram of crack resulted in the same sentence as 100 grams of powder cocaine. Even after the Fair Sentencing Act became law, an 18:1 ratio remained, meaning that 28 grams of crack resulted in the same punishment as a half kilo of powder. EQUAL would make punishments for crack the same as those for powder cocaine.

New York Daily News, Advocates demand Schumer do more to end crack cocaine sentencing disparity (July 25, 2023)

– Thomas L. Root

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