This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part VII, we will leave the courtroom and offer policy reasons why the retroactivity of the Fair Sentencing Act does not just benefit those serving crack cocaine sentences, but is a benefit to the public as a whole.
Making the Fair Sentencing Act Retroactive: Just Think of the Savings . . . Clause,
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available at https://engagedscholarship.csuohio.edu/clevstlrev/vol61/iss3/7