The National Council condemns the Supreme Court’s decision in Rutherford v. United States, a ruling that further locks in the extreme sentencing practices of the failed War on Drugs and makes it harder for people seeking a second chance through compassionate release.

Until May 28th, people could argue that the disparity between the sentence they received under now-discredited 20th-century excessive sentencing and what they would receive today could be “extraordinary and compelling.” For example, prosecutors were able to add an increasing number of years to sentences for each gun at the scene of a crime. The gun possession sentence quickly overshadowed the underlying offense.

Daniel Rutherford received 10 years for robbery and another 32 years for stacked gun charges. Johnnie Carter, whose case was combined with Rutherford’s, received 57 years for gun possession on top of a 13-year sentence. 

The Supreme Court has now ruled that judges cannot even consider those extreme sentence differences when deciding whether someone should be considered for compassionate release.

The Court held that considering sentencing disparities based on changes in the law would allow the law to be applied retroactively, which is not permitted without express congressional approval.  But allowing someone to argue that they would be sentenced to decades less today would, on its own, never result in compassionate release.  That person would still have to show rehabilitation, that they did not pose a danger to the community, that they had a viable release plan, and that their time served would deter others. This decision tells people serving decades under outdated sentencing laws that the system knows these laws were wrong, but will not allow them to do anything about it.

 These extreme sentencing policies have devastated families and communities across this country. Loved ones have grown, changed, mentored others, survived illness, and become elders behind bars while serving sentences that would likely never be imposed today.

The National Council will continue fighting to bring women and vulnerable people home. We will continue advocating for elderly people, survivors of abuse, people with serious medical conditions, and those serving extreme sentences that no longer reflect fairness, public safety, or basic human dignity.

We believe accountability and redemption can coexist. We believe people are more than the worst thing they have ever done. And we will continue fighting for a system that recognizes humanity.

To continue to support The National Council as we work to end the incarceration of women and girls.

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