At a Tesla Supercharger lot in Kettleman City, cars are using fast chargers. Tesla recently reached agreements with other automakers to give them access to their chargers.
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Larry Valenzuela
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CalMatters
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Topline:
Public chargers must be built at an unprecedented pace to meet the target in less than 7 years, and then doubled to 2 million in 2035. The high cost — $120,000 or more for one fast charger— is just one obstacle.
Why now: A million public chargers are needed in California by the end of 2030, according to the state’s projections — almost 10 times more than the number available to drivers in December. To meet that target, 129,000 new stations — more than seven times the current pace — must be built every year for the next seven years. Then the pace would have to accelerate again to reach a target of 2.1 million chargers in 2035.
Why it matters: A robust network of public chargers — akin to the state’s more than 8,000 gas stations — is essential to ensure that drivers will have the confidence to purchase electric vehicles over the next several years. “It is very unlikely that we will hit our goals, and to be completely frank, the EV goals are a noble aspiration, but unrealistic,” said Stanford professor Bruce Cain, who co-authored a policy briefing detailing California’s electric vehicle charging problems.
The context: Under California’s landmark electric car mandate, a pillar of Gov. Gavin Newsom’s climate change agenda, 68% of all new 2030 model cars sold in the state must be zero emissions, increasing to 100% for 2035, when 15 million electric cars are expected in California. “We’re going to look really silly if we are telling people that they can only buy electric vehicles, and we don’t have the charging infrastructure to support that,” said Assemblymember Jesse Gabriel, a Democrat from Encino.
California will have to build public charging stations at an unprecedented — and some experts say unrealistic — pace to meet the needs of the 7 million electric cars expected on its roads in less than seven years.
The sheer scale of the buildout has alarmed many experts and lawmakers, who fear that the state won’t be prepared as Californians purchase more electric cars.
A million public chargers are needed in California by the end of 2030, according to the state’s projections — almost 10 times more than the number available to drivers in December. To meet that target, 129,000 new stations — more than seven times the current pace — must be built every year for the next seven years. Then the pace would have to accelerate again to reach a target of 2.1 million chargers in 2035.
A robust network of public chargers — akin to the state’s more than 8,000 gas stations — is essential to ensure that drivers will have the confidence to purchase electric vehicles over the next several years.
“It is very unlikely that we will hit our goals, and to be completely frank, the EV goals are a noble aspiration, but unrealistic,” said Stanford professor Bruce Cain, who co-authored a policy briefing detailing California’s electric vehicle charging problems. “This is a wakeup call that we address potential institutional and policy obstacles more seriously before we commit blindly.”
Under California’s landmark electric car mandate, a pillar of Gov. Gavin Newsom’s climate change agenda, 68% of all new 2030 model cars sold in the state must be zero emissions, increasing to 100% for 2035, when 15 million electric cars are expected in California.
“We’re going to look really silly if we are telling people that they can only buy electric vehicles, and we don’t have the charging infrastructure to support that,” said Assemblymember Jesse Gabriel, a Democrat from Encino who introduced a package of unsuccessful bills last year aimed at expanding access to car chargers.
“We are way behind where we need to be,” Gabriel told CalMatters.
Big obstacles stand in the way of amping up the pace of new charging stations in public places. California will need billions of dollars in state, federal and private investments, streamlined city and county permitting processes, major power grid upgrades and accelerated efforts by utilities to connect chargers to the grid.
State officials also are tasked with ensuring that charging stations are available statewide, in rural and less-affluent areas where private companies are reluctant to invest, and that they are reliable and functioning whenever drivers pull up.
In Pacific Gas & Electric’s vast service area, home to 40% of all Californians, electric car purchases are moving twice as fast as the buildout of charging stations, said Lydia Krefta, the utility’s director of clean energy transportation. Californians now own more than 1.5 million battery-powered cars.
Patty Monahan, who’s on the Energy Commission, the state agency responsible for funding and guiding the ramp-up, told CalMatters that she is confident that California can build the chargers its residents need in time.
The agency’s estimate of the current chargers is likely an undercount, she said. In addition, fast-charging stations could play a bigger role than initially projected, meaning hundreds of thousands of fewer chargers might be needed. Also, as the ranges and charging speeds on cars improve, there may be less demand for public chargers.
“California has a history of defying the odds,” Monahan said. “We have a history of advancing clean cars, clean energy, writ-large. We have naysayers left and right saying you can’t do it, and then we do it.”
Barriers to private investments: an uncertain marke
On a September day last year, Monahan spoke behind a podium in the parking lot of a Bay Area grocery store. A row of newly constructed car chargers rose behind her.
“Let’s celebrate for a moment,” she said.
California had met its goal of 10,000 fast electric chargers statewide — two years ahead of a target set in 2018.
California Energy Commissioner Patty Monahan speaks during the launch of an EVgo fast charging station in Union City on Sept. 25, 2023.
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Loren Elliott
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CalMatters
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Fast chargers like the new ones at the grocery store are increasingly seen as critical to meeting the needs of drivers. They can power a car to 80% in 20 minutes to an hour, while the typical charger in use today, a slower Level 2, takes from four to 10 hours.
But installing and operating fast chargers is an expensive business — one that doesn’t easily turn a profit.
Nationwide each fast charger can cost up to $117,000, according to a 2023 study. And in California, it could be even more — between $122,000 and $440,000 each, according to a separate study, although the Energy Commission said the range was $110,000 to $125,000 for one of its programs.
Most of America’s publicly traded charger companies have been forced to seek more financing, lay off workers and slow their network build outs, analysts said. EVgo, for instance, has seen its share price crater, as has ChargePoint, which specializes in selling the slower, Level 2 hardware.
California stands apart from other states — it has by far the most chargers and electric car sales, and more incentives and policies encouraging them.
Tesla, America’s top-selling electric car manufacturer, dominates fast-charging in both California and the U.S. — but the company didn’t get into the business to sell charges to drivers; it got into the charger business to sell its electric cars. Initially Tesla Superchargers were exclusive to its drivers, but starting this year other EV drivers can use them after Tesla provided ports to Ford and other automakers.
Tesla’s manufacturing prowess, supply chain dominance and decade-plus of experience with fast chargers have given it an edge over competitors — a coterie of unprofitable, publicly traded startups, as well as private companies that often benefit from public subsidies, according to analysts.
“All the automakers joined forces with their biggest competitor,” said Loren McDonald, chief executive of the consulting firm EVAdoption. “If that doesn’t tell you how bad fast-charging networks and infrastructure were, I don’t know what else does.”
Tesla vehicles charge at a Supercharger lot in Kettleman City on June 23, 2024.
In California, Electrify America, a privately held company, was created by Volkswagen as a settlement for cheating on emissions tests for its gas-powered cars. The company is spending $800 million on California chargers, building a robust network of 260 stations, with more than half in low-income communities, including the state’s worst charging desert, Imperial County.
The problem is Electrify America was ranked dead last in a consumer survey last year, and its chargers have been plagued by reliability problems and customer complaints. The California Air Resources Board in January directed Electrify America to “strive to achieve charger reliability consistent with the state of the industry.” A company spokesperson said the dissatisfaction showed “an industry in its growth trajectory.” There are signs of improvement, based on consumer data from the first three months of this year.
Startups continue to jump into the charging business, with the number of companies offering fast chargers growing from 14 in 2020 to 41 in 2024, EVAdoption said. Seven carmakers formed a $1 billion venture to build a 30,000-charger network in North America. And gas stations such as Circle K are offering more charging because electric car customers spend more time shopping while waiting for their rides to juice up.
But the realization that charging is a costly business has set in on Wall Street, and that doesn’t seem likely to change anytime soon. “Can public EV fast-charging stations be profitable in the United States?” the consultancy McKinsey & Company asked.
“The fervor, the excitement from the investor base, has definitely dwindled quite a bit, given the prospects that EV adoption in the U.S. is going to be slower, revenue growth is really slower, the path to profitability is going to be slower, and they might need more capital than everyone originally expected,” said Christopher Dendrinos, a financial analyst who covers electric car charging companies for the investment bank RBC Capital Markets.
The stakes are high for California when it comes to encouraging investments in expensive fast chargers: If 63,000 additional ones were built, California might need 402,000 fewer slower Level 2 chargers in 2030, according to an alternative forecast by the Energy Commission.
Billions of public dollars: Will it be enough?
Nationwide $53 billion to $127 billion in private investments and public funding is needed by 2030 to build chargers for about 33 million electric cars, according to a federal estimate. Of that, about half would be for public chargers.
Congress and the Biden administration have set aside $5 billion for a national network of fast chargers. So far only 33 in eight locations have been built, but more than 14,000 others are in the works, according to the Federal Highway Administration. California’s share of the federal money totals $384 million; about 500 fast chargers will be built with an initial $40.5 million, said Energy Commission spokesperson Lindsay Buckley.
In addition, the state has spent $584 million to build more than 33,000 electric car chargers through its Clean Transportation Program, funded by fees drivers pay when they register cars. The Legislature extended that program for an additional decade last year.
Newsom has committed to spending $1 billion through 2028 on chargers with his “California Climate Commitment,” Buckley said. But this year Newsom and the Legislature trimmed $167 million from the charger budget as the state faces a record deficit. A lobbyist for the Electric Vehicle Charging Association said “the state pullback sends a very challenging message” to the industry.
California’s commitment to charger funding is “solid,” despite the cuts, Buckley said. They have not yet estimated the total investment needed in California to meet the targets.
But Ted Lamm, a UC Berkeley Law researcher who studies electric car infrastructure, said the magnitude of building what California needs in coming years likely dwarfs the public funding available.
State and federal programs will “only fund a fraction,” and the state needs to spend that money on lower-income communities, he said.
Another possible funding source is California’s Low Carbon Fuel Standard, which is expected to be revised in November. The program requires carbon-intensive fuel companies to pay for cleaner-burning transportation. Utilities get credits and use that money to pay for chargers, rebates to car buyers and grid improvements, said Laura Renger, executive director of the California Electric Transportation Coalition, which represents utilities.
“I think with that, we would have enough money,” Renger said. She said the program’s overhaul could help utilities invest “billions” in chargers and other electric car programs over the next two decades.
Backlogged local permits and grid delays
One of the biggest barriers to more chargers isn’t money. It’s that cities and counties are slow to approve plans for the vast number of stations needed.
State officials only have so much political power to compel local jurisdictions to do what they want — a reality made abundantly clear by the housing crisis, for instance. California relies on grants and persuasion to accomplish its goals, and the slow buildout of chargers shows how those strategies can fall short, said Stanford’s Cain.
“The locals cannot be compelled by regulatory agencies to make land and resources available for what the state wants to achieve,” Cain said.
The same obstacles have marked the state’s broader effort to electrify California and switch to clean energy. Local opposition and environmental reviews sometimes hold up large solar projects and transmission projects for years.
California has created a “culture of regulation that emphasizes the need to be extra careful and extra perfect, but this takes an incredible amount of time,” Steve Bohlen, senior director of government affairs at Lawrence Livermore National Laboratory, said last month at the inaugural hearing of the state Assembly’s Select Committee on Permitting Reform.
“We’re moving into a period of rapid change, and so perfect can’t be the enemy of the good.”
Workers install a transformer to power electric car chargers in Calexico
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Adriana Heldiz
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CalMatters
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Chargers aren’t as complicated as large-scale solar or offshore wind projects. But most chargers installed in public spaces do need a land-use or encroachment permit, among other approvals. California has passed laws requiring local jurisdictions to streamline permits for chargers. What’s more, the Governor’s Office of Business Development now grades cities and counties using a scorecard and maintains a map displaying who has, or hasn’t, made life easier for car charger builders. But these strategies only go so far.
“It doesn’t matter how many requirements you put on (local governments),” Lamm said. “If they just don’t have the time in the day to do it … it’s going to sit in the backlog, because that’s how it works.”
The delays have consequences. Getting a station permitted in California, on average, takes 26% longer than the national average, Electrify America reported. Designing and constructing a station in California can cost on average 37% more than in other states because of delays in permitting and grid connections. A utility on average takes 17 weeks after work is completed to connect chargers to the grid, Electric America said.
Powering large charging projects often requires grid upgrades, which can take a year or more for approval, said Chanel Parson, a director at Southern California Edison. Supply chain issues also make getting the right equipment a challenge.
Edison, which has a 10-year plan to meet expected demand, has asked the utilities commission for approval to upgrade the grid where it anticipates high charging demand.
“Every EV charging infrastructure project is a major construction project,” Parson said. “There are a number of variables that influence how long it takes to complete the project.”
Impatient with broken chargers, bad service
Inspired to help the nation reduce its dependence on fossil fuels, Zach Schiff-Abrams of Los Angeles bought a Genesis GV60. As a renter, he has relied on public charging, primarily using Electrify America stations — and that’s been his biggest problem about owning an electric car.
Charging speeds have been inconsistent, he said, with half-hour sessions providing only a 15 to 30% charge, and he often encounters broken chargers.
“I believe in electrical, so I’m really actually trying to be a responsible consumer,” Schiff-Abrams said. “I want to report them when they’re down, but the customer service is horrible.”
In January, the California Air Resources Board approved a final $200 million spending plan for Electrify America — but not before board chair Liane Randolph scolded its CEO.
Randolph — arguably one of America’s top climate regulators — told CEO Robert Barrosa about an exchange she had with his company’s customer service line after finding a broken charger at a station along Interstate-5.
“It didn’t work,” Randolph said during the board meeting. “Called the customer service line, waited like 10-ish minutes. …(The charger) was showing operable on the app and the guy goes, ‘oh, my data is showing me that it has not had a successful charge in three days.’”
“These issues are not easy,” Barrosa responded. “Our head is not in the sand,” he told board members earlier. “We are listening to customers.”
But Randolph, addressing journalists at a conference in Philadelphia, pushed back against the idea that because the transition to electric vehicles is happening gradually that it’s a failure. Many people will rely on charging at home or work, and batteries are becoming more efficient.
“The infrastructure is continuing to be rolled out at a rapid pace,” Randolph said. “It doesn’t all have to be perfect instantly. It’s a process. And it’s a process that’s continuing to move.”
Data journalists Erica Yee and Arfa Momin contributed to this report.
A drone is on display at a Los Angeles Police Commission meeting earlier this year. You might spot one overhead this Fourth of July.
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Martin Romero
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The LA Local
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Topline:
SoCal is adopting a new form of surveillance to monitor illegal firework use: drones.
Why now: The devices are now an easier way to patrol local neighborhoods after a call to the police department has been made, allowing officers to determine if someone should be sent to the scene or a citation should be given.
Read on… for more information about this system.
There’s a new tool to fight illegal fireworks this Fourth of July: drones.
“A drone’s real-time aerial view can help officers assess situations faster, improve safety, support faster response times and ensure the right resources are sent where they’re needed most,” the Anaheim Police Department stated in an Instagram post.
Anaheim's department is the latest law enforcement agency using the technology to quickly identify illegal fireworks use. The Downey City Council is expected to vote Tuesday night on potential new fines and new rules that would allow local law enforcement to use drones to patrol neighborhoods for illegal fireworks usage.
How it works
Here's how the tech is put to use: Seconds after authorities receive a call reporting illegal fireworks activity, drones can take to the air, hovering above neighborhoods and businesses to find a specific location and an offender. The surveillance devices are equipped with night vision and zoom lenses that allow first responders to record high definition videos right from their Real Time Crime Center at the station.
Then, officers can determine whether to send out a patrol car or issue a citation for the incident.
Why it matters
The city’s drone usage comes as law enforcement agencies across Southern California brace for the annual flood of complaints about illegal firework use at this time of the year. Drones make the most effective use of time and resources, experts say.
“We'll typically see about 2,000 calls and about 300 related to fireworks,” Anaheim’s chief communications officer Mike Lyster explained about the Fourth of July. “It really is a better use of resources on what is always a very, very busy holiday for us.”
Drones allow officials to collect enough evidence to issue these citations. In Anaheim, the punishment starts at $1,000 and climbs to $3,000 by the third offense. But authorities say the goal is to curb illegal fireworks use altogether due to the risk of injury and wildfires.
Lyster hopes that people will think twice about using illegal fireworks this holiday — not just because of the fines — but because of its negative impact on local communities.
“The Palisades fire was ultimately started by illegal fireworks, and sadly, not in our city, but in our neighboring city, a young Anaheim girl died in an illegal fireworks incident last year,” Lyster said.
Where are drones already in use?
More cities are testing this method in order to crack down on illegal firework use. Sacramento, San Bernardino and Riverside are just a few of the other areas that have adopted this technology in recent years.
How do I know what's legal?
If you have any questions about what is legal or not in your community, a quick Google search can help.
Each county goes by different regulations for the types of fireworks you can use — if at all.
For example, parts of Anaheim allow “safe and sane” fireworks to be used only on the Fourth of July between 10 a.m and 10 p.m. This includes non-explosive, non-aerial devices like fountains, sparklers and smoke balls. State-approved fireworks will have a State Fire Marshal seal.
LAist staffer Anjanette Gile also contributed to this report.
The LAist community engagement team spoke with Altadena residents outside Fair Oaks Burger in Altadena on January 17.
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Nubia Perez
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LAist
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Topline:
Your neighborhood has a reporter. Have you met them yet? On Saturday, coffee shops across L.A. are turning into places where you can tell a journalist exactly what’s been bugging you about your block…while drink amazing coffee.
More details: From Boyle Heights to Silver Lake to Inglewood to Long Beach, local reporters will be set up at neighborhood coffee shops from from 10 a.m. to 3 p.m. — to hear what’s on your mind. Got a tip about a pothole that’s been eating tires for years? A landlord the city keeps ignoring? A community hero nobody’s written about? We want to hear it all!
Connect with us: LAist has been meeting community members in person through LAist Listens tabling events by popping up at local businesses.
Read on ... for more on where LAist and other local news outlets will be across L.A.
Your neighborhood has a reporter. Have you met them yet?
On Saturday, coffee shops across L.A. are turning into places where you can tell a journalist exactly what’s been bugging you about your block … while drinking amazing coffee.
From Boyle Heights to Silver Lake to Inglewood to Long Beach, local reporters will be set up at neighborhood coffee shops from from 10 a.m. to 3 p.m. — to hear what’s on your mind. Got a tip about a pothole that’s been eating tires for years? A landlord the city keeps ignoring? A community hero nobody’s written about? We want to hear it all!
It’s part of Local News Day LA, a pop-up series organized by The LA Local that connects you with your local reporter and give you a chance to become the source instead of just the reader.
LAist has been meeting community members in person through LAist Listens tabling events by popping up at local businesses.
See below for the full list of participating media outlets and coffee shops — The LA Local and our media partners hope you’ll join us:
LAist will be joining The LA Local and other local media partners for Local News Day LA on June 27.
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The LA Local
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Where to find a journalist
The LA Local – Koreatown, Pico Union, Westlake will be hosted by Open Market
The LA Local – Inglewood and South LA will be hosted by Asteroid Vinyl Cafe
Boyle Heights Beat will be hosted by Picaresca Cafe
CalMatters will be hosted by Yia Caffe
Calo News will be hosted by Cruzita’s Deli and Cafe
The Eastsider will be hosted by Rosebud Coffee (Highland Park location)
LAist will be hosted by Cafe Calle
Los Angeles Radio Collective will be hosted by Spoke Bicycle Cafe
LA Sentinel will be hosted by Patria Coffee
LA Taco will be hosted by Cafecito Organico (Silverlake location)
LA Public Press will be hosted by Holy Grounds Coffee & Tea
Long Beach Post will be hosted by Wrigley Coffee
Q Voice News will be hosted by Hot Java
USC Annenberg Media will be hosted by South LA Cafe (Western location)
Come enjoy a cup of coffee (or tea) with us while supplies last.
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Bottles of Pantene conditioner are displayed at a Costco in San Diego.
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Kevin Carter
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Getty Images
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Topline:
A coalition of 17 states and a trade association representing U.S. wholesalers and distributors have sued California to block the enforcement of a stringent recycling law that aims to reduce plastic packaging waste.
The backstory: The lawsuit, filed yesterday in federal court, argues that California’s recently finalized regulations that will gradually require companies to scale back single-use plastics and ensure all packaging is recycling or compostable should be struck down.
Why now: The plaintiffs called the regulations “onerous mandates” that will cause steep price increases in everyday necessities that will be passed on, at least in part, to consumers.
What California officials say: Melanie Turner, a spokesperson for CalRecycle, said in an emailed statement that the agency does not comment on pending litigation and that it remained focused on implementing the law.
A coalition of 17 states and a trade association representing U.S. wholesalers and distributors have sued California to block the enforcement of a stringent recycling law that aims to reduce plastic packaging waste.
The lawsuit, filed Monday in federal court, argues that California’s recently finalized regulations that will gradually require companies to scale back single-use plastics and ensure all packaging is recycling or compostable should be struck down. The plaintiffs called the regulations “onerous mandates” that will cause steep price increases in everyday necessities that will be passed on, at least in part, to consumers.
“Once again, California is trying to enact a policy that negatively impacts the rest of the country. If California goes unchecked, consumers will be forced to pay more for basic necessities,” Nebraska Attorney General Mike Hilgers, who led the coalition, said in a news release.
The law, called the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was enacted in 2022.
“Virtually every product packaged or shipped in plastic containers, as well as a significant number of other types of packaging materials that merely incorporate plastics, fall into the Act’s remarkable sweep,” the lawsuit said.
The National Association of Wholesaler-Distributors, which represents companies that import and distribute goods in California, also joined the lawsuit.
“California is not entitled to pronounce nationwide policies,” Eric Hoplin, the trade association’s president and CEO, said in a statement. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”
The lawsuit argues the law violates both the U.S. and California constitutions. It asks the court to declare California’s law invalid and unenforceable, and halt its implementation.
The lawsuit names as defendants Zoe Heller, director of California’s recycling agency known as CalRecycle, and the Circular Action Alliance, a nonprofit involved with implementing the law.
Melanie Turner, a spokesperson for CalRecycle, said in an emailed statement that the agency does not comment on pending litigation and that it remained focused on implementing the law.
The alliance said in a statement that it was aware of the lawsuit and closely monitoring developments while at the same time working to implement the law’s “ambitious goals.”
In a May news release announcing regulations under the law, state officials said the changes would fight plastics pollution while protecting the interests of taxpayers and local governments.
“California is shifting the responsibility of managing single-use plastic and packaging onto the producers. New packaging reforms lower waste costs for communities and decrease garbage and pollution across the state,” Environmental Protection Secretary Yana Garcia said in a statement. “This approach pushes producers to innovate and design packaging that truly supports a circular economy.”
Joining Nebraska in the lawsuit were 16 other states with Republican attorneys general: Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.Environmental groups also have sued over the law. A coalition that included the Natural Resources Defense Council recently filed a complaint over what it said in a news release were “weakened” final regulations for the “landmark” law.
The United States Supreme Court found in May that the compassionate release program, designed for extraordinary or compelling circumstances, is supposed to cover such things as severe illness or old age. The court majority said inmates serving much longer sentences than the punishments they would receive today were not automatically eligible for the program.
Why it matters: Most of those inmates are Black men who used a gun in connection with other crimes. Prosecutors added severe mandatory penalties to their cases, stacking those punishments, even if no shots were fired, to build prison terms of 50, 60 or even 100 years. Retired federal Judge John Gleeson launched a pro bono program that has helped more than 100 people in prison petition the courts for early release. He disagrees with that ruling, saying that "these are indefensibly long sentences, and they need to be corrected."
Read on... to learn about Anthony Bailey's story. Two years ago he was freed, but after the ruling from the Supreme Court, he's facing a return to prison in a matter of weeks.
Two years ago, a judge freed Anthony Bailey after 27 years in the federal penitentiary, giving him a second chance at life.
And Bailey has been making the most of his early release. Between long hours driving a city bus in Indianapolis, attendingbarbecues and playingcard games with family, Bailey has developed deep roots in his community.
Now, after a ruling from the Supreme Court and a legal move by the Justice Department, Bailey, 61, is facing a return to prison in a matter of weeks.
"I'm hoping and praying that everything turn out and I get my life back," Bailey said in an interview. "Today, right now, I'm a better person — I'm a productive citizen, I work hard."
Bailey's case is one of about a dozen that could be directly affected by a Supreme Court ruling in late May that limited how prisoners can use the compassionate release program to get out early.
The high court found that the compassionate release program, designed for extraordinary or compelling circumstances, is supposed to cover such things as severe illness or old age. The court majority said inmates serving much longer sentences than the punishments they would receive today were not automatically eligible for the program.
Retired federal Judge John Gleeson disagrees with that ruling.
"These are indefensibly long sentences, and they need to be corrected," he said. Gleeson launched a pro bono program that has helped more than 100 people in prison petition the courts for early release.
Most of those inmates are Black men who used a gun in connection with other crimes. Prosecutors added severe mandatory penalties to their cases, stacking those punishments, even if no shots were fired, to build prison terms of 50, 60 or even 100 years.
Anthony Bailey (left) poses with family members shortly after his release from prison in July 2024.
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Via Anthony Bailey
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"Productive member of society"
That's what happened in Bailey's case.
On Sept. 3, 1997, Bailey and two other men robbed a bank and then carried out two carjackings. Prosecutors said in court papers that his crimes were serious and put several people in danger, including a school-age girl.
"Something that I totally regrets — will never happen again, ever, in life," Bailey said.
He spent most of his time at the federal prison in Terre Haute, Ind., where he worked as a barber — a job that gave him access to scissors and other sharp tools.
His record inside prison was clean for decades, with just one minor infraction mentioned in court filings.
Maryam Kanna is a pro bono lawyer for Bailey. She said he has already served more time than most people convicted of federal murder.
"He has a stable, happy life and is a really productive member of society, so I mean, the idea that he poses a danger is completely farcical," Kanna said.
Congress changed the law, but not retroactively
Prosecutors are now signaling that they could move soon to send Bailey back to serve the rest of his long sentence — one that would give him a release date in 2050, when he is nearly 86 years old.
Kelsie Clayton, a spokesperson for the U.S. attorney in the Southern District of Indiana — where Bailey's case is pending —said the office speaks only through official court filings.
Congress has since lightened some of the harsh mandatory penalties that applied to Bailey and others convicted back in the 1990s. But lawmakers did not make that change retroactive, to apply to people already inside prison.
And the Supreme Court's ruling says that this means those people'spunishments are not extraordinary or compelling, as the compassionate release program mandates.
Bailey said he would abide by the law. "OK, just got to keep fighting," he said.
He has been getting good marks from his probation officer, who told him before the Supreme Court decision that she'd recommend his early release from probation this fall.
Now, he's not sure where he'll be in September. He's making the most of his time, enjoying family barbecues and card games in the park and showing his 4-year-oldgrandson the ropes.
"He's a worker, you know. Everything I do — he sit there and just watch and then he [asks], 'We washing the car?' Or, 'We taking the trash out?' Like, yeah, c'mon."
He's teaching his grandson how to mow the lawn and, as a treat, taking him to enjoy the boy's favorite food: the french fries at McDonald's.
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