“We should now finish the job and end, once and for all, the federal crack and powder cocaine disparity and ensure that this change is applied retroactively.”
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The statutory 18:1 federal crack/powder sentencing disparity remained in place throughout Biden's term; the EQUAL Act, which his administration supported, passed the House 361-66 in September 2021 but never received a Senate vote and did not become law. Biden instead used clemency to deliver retroactive-style relief, commuting the sentences of nearly 2,500 people on January 17, 2025, expressly citing 'discredited distinctions between crack and powder cocaine.' The disparity was not ended 'once and for all,' but concrete relief reached thousands of those serving disparity-driven sentences, so the promise was partly kept.
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