Disparity from Nonretroactive Sentencing Changes in Compassionate Release Eligibility

·Jun 16, 2026In the 2026 Supreme Court case Rutherford v. United States, the Court addressed whether nonretroactive changes to sentencing laws could qualify as an "extraordinary and compelling reason" to grant compassionate release. The legal dispute focused on the First Step Act of 2018, which reduced mandatory penalties for certain firearm offenses but did not automatically apply to prisoners sentenced before its enactment. Writing for the majority, Justice Barrett held that a sentencing disparity caused by a change in law is not "extraordinary" because prospective-only amendments are a standard feature of the legal system. The Court further ruled that the Sentencing Commission overstepped its authority by issuing a policy statement that allowed judges to consider these disparities as grounds for release. Justice Sotomayor’s dissent argued that the ruling undermines the Commission’s role and ignores the traditional discretion judges hold to evaluate a defendant's total circumstances. Ultimately, the decision ensures that legislative finality takes precedence over judicial efforts to harmonize past sentences with current standards.