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Morning Briefing

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Thursday, Aug 6 2020

Full Issue

Supreme Court Allows California Jails To Not Enforce Pandemic Protections

In a 5-4 decision, the Supreme Court overruled a federal judge's previous order mandating that California's Orange County jails take steps to protect inmates from the coronavirus.

The U.S. Supreme Court on Wednesday freed Orange County jails from a federal judge鈥檚 order that required social distancing among inmates, regular testing and distribution of cleaning supplies and hand sanitizers. Acting by a 5-4 vote, the justices granted an emergency appeal from the county鈥檚 lawyers and put on hold an order issued in late May by U.S. District Judge Jesus G. Bernal. As usual, the justices in the majority did not explain their decision. (Savage, 8/5)

Justices Sonia Sotomayor and Ruth Bader Ginsberg offered a dissenting opinion Wednesday. 鈥淭his Court normally does not reward bad behavior, and certainly not with extraordinary equitable relief,鈥 they wrote. 鈥淭he injunction鈥檚 requirements are not remarkable. In fact, the Jail initially claimed that it had already implemented each and every one of them.鈥 The dissenting opinion noted that the 3,000-inmate jail system had recently reported 15 new cases in a single week. (Saavedra, 8/5)

In other news about treatment at jails 鈥

The Justice Department proposed Wednesday that a Virginia jail comply with a consent decree requiring officials to improve medical treatment for inmates, marking one of the first times the department has proposed such a resolution in the Trump administration. The rare action follows a multiyear investigation into the practices at the Hampton Roads Regional Jail in Portsmouth, Virginia, which prosecutors said uncovered unlawful conditions for the inmates housed there. Federal officials allege, in part, that the jail 鈥渇ails to provide constitutionally adequate mental health care to prisoners,鈥 according to court documents. (Balsamo, 8/5)

Since March, The Marshall Project has been tracking how many people are being sickened and killed by COVID-19 in prisons and how widely it has spread across the country and within each state. Here, we will regularly update these figures counting the number of people infected and killed nationwide and in each prison system until the crisis abates. (7/30)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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