Abbott v. United States (09-479)
argument 09-479Abbott v. United States
Supreme Court of the United States
1h 0m
4 speakers
8 chapters
transcribed 5 days ago
official recording ↗
Transcript
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What statutory question does the Court need to resolve in Abbott v. United States?
We'll hear argument next in case zero nine four seven nine Abbott versus United States and the consolidated case seven zero seven three Gould versus United States. Mr Haran.
Mr Chief Justice, and may it please the court. The statutory interpretation question here is what laws trigger section nine twenty four C one A's accept laws? Mr Gould offers an interpretation that gives meaning and effect to every word and phrase of section nine twenty four C one A. And It follows this court's recent holdings regarding the broad scope of the phrase any other provision of law. Government, on the other hand, advocates a narrow construction that is not supported by the text, and defends it primarily on the basis that Section nine hundred twenty four C supposedly should always produce the most severe mandatory minimum sentence for every defendant. Respectfully, the government's interpretation is incorrect.
Its reading gives no practical effect to the phrase any other provision of law. and the government has not cited and has yet to even attempt to distinguish This court's recent interpretation of the very same phrase any other provision of law in Republic of Iraq v. Beidi just last year. Unlike the governments, Mr. Gould's interpretation is true to the text, is true to this court's holdings, and is true to Congress's evident purpose in nine twenty four C one A and in particular in its accept clause.
uh Mr Gould and Mr. Abbott. propose different interpretations of this provision.
Your Honor, uh as an initial matter I would note that I think our interpretations are not that far apart. But they're not the same, are they? They're not. And um our interpretation we believe is the closest to the actual text. Our interpretation requires reading no language into the text. Uh isn't there
isn't it there is a missing prepositional phrase in this uh i in the provision that we're looking at. It says uh except to the extent that a greater minimum sentence is otherwise provided for what? And all of you have to are filling in the prepositional phrase for uh uh an offense of conviction, for uh for uh a uh an offence that's part of the of the underlying transaction for a violation of this particular provision or one that's very similar to it. There's just no way of getting around the fact that something has to be read in there, something is implied. Isn't that right?
Your Honor, uh, respectfully I believe under our interpretation, it there is you do have to understand something to be in there, but we are not actually reading anything into the text. That is the reason to be sure, the words any convict kind of conviction are not in there. However, the most natural reading of the text, without adding anything to it, is at nine twenty four C one A Requires a five year, at least a five year minimum sentence, in addition to any sentence for the predicate, drug trafficking or violent crime, except to the extent that a greater minimum sentence is provided for the defendant by subsection nine twenty four C or by any other provision of law.
So that means there would be no punishment, added punishment at all for the possession of the gun. That is you have So the the um possession would intend to distribute, no gun involved, uh and you get ten years m mandatory minimum for that. That automatically would wipe out any add on for the gun. under your reading.
Um yes and yes, Justice Ginsburg. Uh in uh to follow on that. Uh it is true that um our interpretation we think that the plain text dictates that if the accept clause is triggered the lesser mandatory minimum sentence under nine twenty four C one A Shall not be imposed. That is
keep saying that you're not reading anything into the statute under your interpretation. But you are. You're limiting the Um the any other provision of law to any other provision of law specified in the charging. in the Council Conviction, correct?
Uh y that is a yes, Your Honor. We are recognizing that limitation.
So you you you said to Just a solito that you weren't reading anything in, but you are. You're reading into it that the other provision of of
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Chapters
8 chapters
1
What statutory question does the Court need to resolve in Abbott v. United States?
0:03–6:08
2
How do the parties interpret the “any other provision of law” phrase in § 924 C‑1A?
6:08–12:33
3
Why does the Government argue that the Accept Clause should be read narrowly?
12:33–20:30
4
What is the effect of the Accept Clause on firearm‑possession sentencing under § 924 C‑1A?
20:30–27:49
5
How do the Justices use precedent (e.g., Republic of Iraq v. Beidi, O’Brien) to shape the interpretation?
27:49–34:44
6
What legislative history and amendment context support the petitioners’ reading of the statute?
34:44–42:03
7
How do the parties address the policy implications of applying the Accept Clause to other statutes like § 3559 C?
42:03–50:11
8
What conclusions and next steps does the Court outline at the end of the argument?
50:11–1:00:16