This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Oral argument in the case began at 11:03 a.m.
The hearing concluded at 12:05 p.m.
Background and question before the Court
According to Jeffrey L. Fisher, Esq., on behalf of the Petitioners, petitioners argue that this language directs courts to follow the guidelines rather than deviate from them.
What each side argues
Petitioners’ Position
Source-limited. The record does not yet support a complete account.
Government’s Position
The government argues that the Sentencing Commission cannot create a rule that lowers a statutory minimum; reliance on Section 3553(e) is limited to recommending or imposing a sentence below the statutory minimum.
What happened at oral argument
Justice Kennedy asked what effect the next sentence would have.
Justice Kagan asked why the language speaks in terms of historical fact rather than what the sentence should have been based on.
Justice Kagan also asked for clarification of the language.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 855f96337bd479a0cf1e-r1-144755bc18ca244c.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.