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Crack cocaine sentencing rules

Dorsey v. United States

Updated Nov 3, 2026

In brief

The Supreme Court wiped out the Seventh Circuit’s judgment in Dorsey’s case and sent it back to that court.

Where it stands
Decided

Decided 5-4 · June 21, 2012 · Opinion by Justice Breyer

What it’s about
Edward Dorsey challenged the Seventh Circuit’s ruling that the Fair Sentencing Act did not cover all defendants sentenced after it took effect, even if their crimes came earlier.
Who it affects
Dorsey’s case returns to the Seventh Circuit, and the judgment he challenged no longer stands.

Summary: written with AI from the case record.

Illustration for Edward Dorsey, Sr. v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court wiped out the Seventh Circuit’s judgment and sent the case back to that court (vacated and remanded).

The dispute concerns whether the Fair Sentencing Act’s lower minimum sentences apply to people sentenced after its passage for crimes committed before it.

Question presented

Is the FSA applicable when the criminal was sentenced after the FSA passed but the crime occurred prior to passage?

What the Court decided

Holding

Judgment vacated and case remanded. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined. VIDED

Result
Vacated

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Breyerwrote the opinion
  2. Kagan
  3. Kennedy
  4. Ginsburg
  5. Sotomayor
Dissenting · 4disagreed with the result
  1. Thomas
  2. Scaliawrote the dissent
  3. Roberts
  4. Alito
5 justices joined the judgment, 4 dissented.

What's next

The Seventh Circuit will take up Dorsey’s case again.

Documents

2

Opinions

  • Dorsey

    Breyer, Kennedy, Ginsburg, Sotomayor, Kagan, Scalia, Roberts, Thomas, Alito

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Nov 3, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 3, 2026 · Generated

  • New analysis added

    Nov 3, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Nov 3, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Nov 3, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Nov 3, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 3, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Dorsey

    Oct 30, 2014 · Court records

  • Opinion added: Dorsey

    Jun 21, 2012 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 3, 2026Methodology

Court records and filings

Reporting and analysis