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.
