The Supreme Court heard its last argument of the term—and perhaps the last of Justice Stephen Breyer’s tenure—in a crack-cocaine sentencing case May 4.
D.C. Solicitor General Loren Alikhan, who filed a brief supporting the defense, joins Cases and Controversies to break down the dispute in Terry v. United States over whether low-level crack offenders can get relief under the First Step Act.
Judging from the argument, it sounds like the court will say no, even though the Justice Department switched positions after the 2020 election to side with the defendant, Tarahrick Terry.
Hosts Kimberly Robinson and Jordan Rubin also speculate about the latest in Breyer Watch—will he retire? when?—and give some statistics on when other justices have announced their plans to step down.