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  ​ ​ [2]Dream Corps ​  
The EQUAL Act — Thank You for Answering the Call
Here is Where We Stand

 

John,

 

I hope this message finds you well and in good spirits. Over the past
year we have reached out and asked you to help us move the Eliminating a
Quantifiably Unjust Application of the Law Act of 2021 (EQUAL Act)
through Congress — you have responded and you have delivered! 

 

While we usually reach out to you asking that you leap into action,
today I write to you to thank you for all the work you have done to get
us this far, and provide you with a substantive status update on the
EQUAL Act. It is because of your efforts we are right where we need to
be to pass this landmark piece of legislation.

 

John as you know through our updates, last fall the EQUAL Act
passed out of the House, 361-66, with 143 Republicans voting in favor of
it. It goes without saying there is overwhelming bipartisan agreement
that crack cocaine and powder cocaine should be treated the same, both
in the future and retroactively. 

 

Currently the EQUAL Act is before the Senate for consideration, and
because of your countless calls, letters of support and meetings, it is
well-positioned to pass. Led by Senator Cory Booker (D-NJ) and in
partnership with the original cosponsors, Senate Judiciary Chairman
Richard Durbin (D-IL) and Rob Portman (R-OH) there are 11 Republican and
11 Democrats currently cosponsoring the bill — and bipartisan commitment
to support it when it reaches the Senate floor for a vote. This is
important because not only are the votes there, we have the requisite
number of cosponsors to invoke cloture, the process for ending debate
and avoiding a filibuster. Also, with the urging of New York based
grassroots organizations, our national partners, and our National
Director, Janos Marton, Senate Majority Leader Chuck Schumer recently
held a press conference declaring that he will make the EQUAL Act a “top
priority” and find floor time for a vote.

 

John, with all the momentum and support you might be asking;
“What is the hold up?”

 

As we continue to demand Leadership move the EQUAL Act to the floor for
a vote, Senators express great concerns about the political environment
around crime and the politics of the current midterm elections.
Democratic Senators in particular fear that those who oppose eliminating
the disparity between crack cocaine and powder cocaine will politicize
the process and introduce “ugly” amendments to the bill that will cause
harm and put the EQUAL Act at risk.

 

Additionally, Senator Chuck Grassley (R-IA), who is the ranking member
of the Senate Judiciary Committee and has great influence on his
Republican colleagues, does not support the EQUAL Act, for reasons that
we consider questionable. In fact, he recently introduced a competing
bill, SMART Cocaine Sentencing Act. If passed, this bill would maintain
a disparity between these two forms of the same drug (2.5-1), lower the
mandatory minimum threshold to 400 grams from 500 grams and, worst of
all, mandates that the U.S. Attorney must approve all petitions for
retroactivity. I think you know we do not support this legislation, and
the good news is that this competing bill has very little support
amongst the Republicans and no discernible support within the advocacy
and law enforcement communities. We are all united and unwavering in our
support for the EQUAL Act, and we stand prepared to thwart and defeat
all ugly amendments. 

 

I would be remiss if I did not acknowledge the pressing issues Congress
has had to address over the last five months. These important issues
included the John Lewis Voting Rights Act, Justice Ketanji Brown Jackson
confirmation hearing and currently gun control, in the wake of two
horrific mass shootings. We support Congress’ efforts to find common
ground when it comes to finding solutions to these matters and we
continue to work with Senate leadership, EQUAL Act cosponsors and our
partners to push the EQUAL Act forward before their summer recess in
early August. Our sense of urgency is driven by the reality that if we
do not pass it by the August recess, we won’t get another clean shot
until after the midterm elections, an unpredictable two-month window at
the end of the year. 

 

So take heart: We are right there and you are making it happen! As I
mentioned at our EQUAL Act presser on June 6th; every meeting and every
success we have had, in getting the bill this far, is directly related
directly to you bringing your collective voices to the table. You made
countless calls, you enthusiastically participated in over 75 meetings
with Congress, and you activated your networks to get involved. We are
sincerely grateful for all you have done. Thank you, John!

 

We are very close to eliminating the disparity between crack cocaine and
powder cocaine, and we recognize there is more work to be done. Let’s
get it done together. Thank you in advance for continuing to stand with
us as we seek to create a criminal legal system that is fair and just —
while keeping us all safe.

Please make sure to follow us on Twitter and stay tuned for updates on
the EQUAL Act. 

[ [link removed] ]Click to go to Dream Corps Twitter Page

In solidarity, 
— Kandia Milton
Policy Director
Dream Corps JUSTICE
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