The Supreme Court’s First Case Is a Brutal Grammatical Test

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The very first case of the year concerns an important issue of criminal justice.

is one only a grammarian or a lawyer could love: What does the safety valve provision mean when it promises shorter sentences to offenders who do not have: 1) a lengthy criminal history, 2) a prior serious offense, “and”

3) a prior violent offense? Two options are possible: Either an offender gets relief as long as they do not meetof the three limiting criteria.As a matter of grammar, either interpretation is reasonable. Sometimes the word “and” is used to join together a list of requirements such that a limit is imposed only if all of them are met.

 

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