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The Supreme Court on Tuesday refused to shelve a judge’s order that hundreds of at-risk inmates at a federal prison in Ohio be expeditiously moved because of an outbreak of coronavirus. The court left open the door for the Trump administration to try again “if circumstances warrant.” It said a new filing could be appropriate later, after the case proceeded through lower courts. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch would have granted the administration’s request now. (Barnes, 5/26)

Attorney General William Barr had noted the severe conditions at the Federal Correctional Institution at Elkton, and in April directed the Bureau of Prisons to prioritize the early release of inmates from the facility. But with officials moving slowly, the American Civil Liberties Union filed the suit last month on behalf of medically vulnerable inmates at Elkton, alleging that in light of the coronavirus pandemic, cramped conditions and the prison’s failure to implement hygienic measures violated the constitutional protection from cruel and unusual punishments. (Bravin and Gurman, 5/26)

The high court refused to put the evaluation of those inmates on hold at the request of the Trump administration, "without prejudice to the government seeking a new stay if circumstances warrant." Associate Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the administration's request. Across the country, state and federal prisons have become a hotbed of coronavirus infections. Hundreds of prisoners and several dozen prison staff have died, according to the American Civil Liberties Union, which represents four Elkton inmates in the Ohio case. (Wolf, 5/26)

In a statement, ACLU national legal director David Cole said he commended the top court “for choosing to reaffirm the rights of the people incarcerated at Elkton prison, for whom a prison sentence must not become a death sentence.” Justin Long, a spokesperson for the BOP, declined to comment, citing a policy against commenting on pending litigation. Prisons have served as fertile ground for coronavirus, which spreads quickly in indoor settings in which people are gathered in close quarters. Older people and those with chronic conditions are particularly vulnerable, health authorities say.  (Higgins, 5/26)