January 26, 2023–Due Process Institute and other criminal justice reform organizations urged Senate Judiciary Chair Dick Durbin and Ranking Member Lindsey Graham to schedule a mark-up for the EQUAL Act as soon as it is reintroduced. Moving the bill early this year will help prevent the same disappointing fate the bill suffered last Congress.
The arguments for passing the EQUAL Act remain clear. There is no scientific justification for the sentencing disparity between crack and powder cocaine-related offenses. Crack and powder are simply two forms of the same drug. Punishing crack offenses more harshly does nothing to enhance public safety. It does, however, contribute greatly to racial disparities in the federal prison population. Approximately 90 percent of people incarcerated for crack offenses are Black. In Fiscal Year 2020, nearly 77 percent of people sentenced for crack cocaine offenses were Black. The EQUAL Act would bring the federal justice system more in line with the vast majority of states that do not punish crack and powder cocaine differently.
Last Congress, the EQUAL Act was one of only a few pieces of legislation to enjoy clear bipartisan support. The House of Representatives passed the bill in September 2021 with an overwhelmingly bipartisan vote of 361-66. The Senate version of the bill enjoyed the support of more than 60 senators, but never received a vote in committee or on the floor. To ensure this strong bipartisan bill reaches President Biden’s desk, it is vital to begin work on this urgent piece of legislation immediately.