Dorsey v. United States — Scalia, J., dissenting

Summary

Justice Scalia dissents, arguing that the Fair Sentencing Act’s reduced mandatory minimums should not apply to defendants whose conduct occurred before the Act but were sentenced after its effective date. He maintains that 1 U.S.C. § 109’s presumption against implied repeal requires a clear congressional intent to override, which the Act lacks. Accordingly, the prior, harsher penalties remain applicable to pre‑enactment offenders.