Supreme Court Hears Whether Judges Still Defer to the Sentencing Commission's Commentary After Loper Bright

The Supreme Court heard arguments on 13 October in Beaird v. United States (No. 25-5343), a case about how much weight judges must give the US Sentencing Commission’s own explanations of its guidelines.

The defendant received a longer sentence because the firearm in his case had a 17-round magazine, which the commission’s commentary treats as a “large capacity magazine.” His lawyers argue the guideline text doesn’t say that, and that judges shouldn’t defer to commentary that goes beyond the text.

The deference question

Since 1993, under Stinson v. United States, courts have treated the commission’s commentary as binding unless it is plainly wrong or inconsistent with the guideline. The court has since narrowed deference to agencies’ readings of their own rules in Kisor v. Wilkie (2019) and ended deference to agencies’ readings of statutes in Loper Bright Enterprises v. Raimondo (2024), which overturned the Chevron doctrine. Lower courts have split on whether Stinson survives.

Most of the justices sounded sceptical of the defendant’s position, according to reports from the argument. Justices Samuel Alito and Brett Kavanaugh questioned whether the change would disrupt thousands of sentences. Justice Ketanji Brown Jackson pressed on how the commission, which is part of the judicial branch, differs from executive agencies. Justice Neil Gorsuch appeared the most open to limiting deference.

Why it matters

The commission sets the starting point for nearly every federal sentence, about 60,000 a year. Its commentary fills many gaps in the guidelines. A ruling for the defendant would invite challenges to enhancements across drug, firearm and fraud cases, and push the commission to move commentary into the guideline text, which requires submitting amendments to Congress. A ruling for the government would mark a limit to the court’s push against deference, treating the commission differently from executive agencies. A decision is expected by June.