A defendant is eligible if they do NOT have (A and B and C). In other words, having any of A, B or C will disqualify them.
The way you say that is using “or”. “Do NOT have (A or B or C)”. This interpretation makes expressing the “and” case in a concise form impossible. We already have linguistic rules to say what you and the majority think this says, and whatever poorly specified grammar Kagan uses to describe her weekend availability (I’d still say “I’m not free on Saturday or Sunday”), this is a legal document, meant to use precise language.
As you point out, there is precise language for the construct they ruled for. It wasn’t used, while what was used is exactly the form you’d use for “and” meaning “and”.
The way you say that is using “or”. “Do NOT have (A or B or C)”. This interpretation makes expressing the “and” case in a concise form impossible. We already have linguistic rules to say what you and the majority think this says, and whatever poorly specified grammar Kagan uses to describe her weekend availability (I’d still say “I’m not free on Saturday or Sunday”), this is a legal document, meant to use precise language.
As you point out, there is precise language for the construct they ruled for. It wasn’t used, while what was used is exactly the form you’d use for “and” meaning “and”.