Rutherford v. United States · ¶87

The majority's chief rejoinder is that nonretroactive changes in law are “the norm.” Ante, at 466–467. True, but so too are many of the other developments that the majority agrees may support compassionate release. Everyone ages. Everyone falls ill. Everyone loses family members and loved ones. These realities are, unfortunately, also “the norm.” Yet all agree that courts may properly consider a defendant's age, physical health, and family circumstances when determining whether to grant compassionate release. See ante, at 10. That concession refects the basic reality that facts which are ordinary in isolation can nonetheless combine to form an extraordinary whole. Accordingly, the key question is not whether any one reason for granting relief is extraordinary or compelling on its own or in the abstract, but whether a defendant's circumstances, taken together, are so extraordinary and…

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