It’s hard to imagine a less contentious or more innocent word than “and.”
But how to interpret that simple conjunction has prompted a complicated legal fight that lands in the Supreme Court on Oct. 2, the first day of its new term. What the justices decide could affect thousands of prison sentences each year.
Federal courts across the country disagree about whether the word, as it is used in a bipartisan 2018 criminal justice overhaul, indeed means “and” or whether it means “or.” Even an appellate panel that upheld a longer sentence called the structure of the provision “perplexing.”
The Supreme Court has stepped in to settle the dispute.
It’s the kind of task the justices — and maybe their English teachers — love. The case requires the close parsing of a part of a federal statute, the First Step Act, which aimed in part to reduce mandatory minimum sentences and give judges more discretion.
Congress has never, not once in its history, written a law that did not abuse the English language. Case in point: the unparseable Second Amendment.
What do you mean? The second Ammendment says “The right of the people to keep and bear arms shall not be infringed.” That’s all there is to it. There isn’t any other part of that Ammendment. It doesn’t have a single other word as a part of it. Don’t look it up.
It is worse than that. (I assume you are kidding, but only about the first part.)(I assume this because I have heard this joke from others.)
https://en.m.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution
I’ve always said that the only part of the Constitution the right really cares about is the second half of the Second Amendment.