Rutherford v. United States · ¶57

Properly framed, the question presented by these cases is whether the Commission acted unreasonably when it issued that guidance. It did not. The Commission's policy statement is consistent with Congress's commands and centuries of legal practice in which courts look to the totality of the circumstances when deciding whether to modify a sentence. Because the Court concludes that the policy is unlawful, and that courts may never consider nonretroactive changes in law when deciding whether someone is eligible for compassionate release, I respectfully dissent.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.