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Tag: coronavirus

The Right to Education in the Midst of a Pandemic

The Right to Education in the Midst of a Pandemic

COVID-19 exposes the necessity of accessible education for all students and begs us to reconsider education as a fundamental right under substantive due process. In light of this current health crisis, now is the time to consider the many inequities in access to education that have existed for centuries. As schools across the nation consider their modality of instruction for the school year, equitable education for students should be a primary concern for government, policy makers, and school systems. This…

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Protecting Disabled and Aged Patients From Discriminatory Triage Protocols

Protecting Disabled and Aged Patients From Discriminatory Triage Protocols

With COVID-19 cases surging across the country, many hospitals will soon face the unthinkable—having too few resources to treat all patients in need. Already overrun, some hospitals have had to make the choice to ration Intensive Care Unit (ICU) beds, ventilators, and other lifesaving care. Anticipating increased demand, many states have issued Crisis Standards of Care (CSC) that include guiding principles and criteria for allocating scarce resources. Patient advocates have challenged the triage protocols incorporated into some state CSC guidelines…

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Can President Trump Withhold Funds When States Expand Vote-by-Mail?

Can President Trump Withhold Funds When States Expand Vote-by-Mail?

In now-deleted tweets by President Trump, Trump claimed that Michigan sent “absentee ballots to 7.7 million people ahead of Primaries and the General Election.” He alleged that the move was done “illegally and without authorization by a rogue Secretary of State” and continued onward to say “I will ask to hold up funding to Michigan if they want to go down this Voter Fraud path!” Of course, the Secretary of State of Michigan had done nothing of the sort; instead,…

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COVID-19 and the Shadow Docket: The Supreme Court and the Pandemic

COVID-19 and the Shadow Docket: The Supreme Court and the Pandemic

The Supreme Court has two dockets. The first—and far more public—docket comprises the roughly eighty cases each Term that undergo extensive briefing and oral arguments before the Court. These cases can take months, or even more than a year, from the filing of a cert petition to issuance of an opinion by the Court. The second, often referred to as the “shadow docket,” includes a number of requests for emergency equitable relief. For cases on the shadow docket, the Court…

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Access to Public Lands During the COVID-19 Pandemic

Access to Public Lands During the COVID-19 Pandemic

In an effort to reduce the risk of transmission of COVID-19, federal, state, and local governments have acted to limit or entirely close off access to public outdoor spaces, such as local playgrounds and state and national parks. As the country begins to reopen, governments have sought to balance the need for public access to these outdoor spaces with the risks posed by such access. Where the risks are too high—whether because of the challenge of ensuring compliance with social…

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Do Prisoners Have a Right to Soap?

Do Prisoners Have a Right to Soap?

In the ongoing litigation regarding prison conditions during the COVID-19 pandemic, one request of the litigants stands out: they want more soap. And sometimes—especially at the district court level—prisoners have been able to get that soap. In a Texas case, Valentine v. Collier, the district court ordered the prison to “[p]rovide [p]laintiffs and the class members with unrestricted access to hand soap and disposable hand towels to facilitate handwashing.” Similarly, in Swain v. Junior, a Florida district court required that…

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Your Right to Sue, Goodnight!

Your Right to Sue, Goodnight!

Oh, the sun shines bright on my old Kentucky home‘Tis summer, the old folks are gayWhere the corn top’s ripe and the meadow’s in the bloomWhile the birds make music all the day Weep no more, my ladyOh, weep no more todayWe’ll sing one songFor my old Kentucky homeFor my old Kentucky home, far away Well the young folks roll all around the cabin floorThey’re merry, all happy and brightBy-and-by hard times will come a-knocking at my doorThen my old…

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Trump Weaponizes COVID-19 Against Illegal Immigrants

Trump Weaponizes COVID-19 Against Illegal Immigrants

As a criminal defense attorney in the border city of El Paso, Texas, I meet with illegal immigrants weekly, if not daily. I witness their journey firsthand. I represented families when President Trump piloted his family separation policy in El Paso. Today, I am witnessing yet another Trump assault against brown immigrants. Trump is weaponizing COVID-19. President Trump’s anti-immigration resume is extensive. It boasts, among other things, his threat to shut down the government if it doesn’t fund his “big,…

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Remember the Past: What Can a Governor Do When the Second COVID-19 Surge Comes?

Remember the Past: What Can a Governor Do When the Second COVID-19 Surge Comes?

Back on January 1st we thought that 2020 would bring clarity of vision and foresight. Since then the world has turned upside down; however, long-standing legal precedent of what states can do in times of epidemics and pandemics has not. Many are claiming that it is unlawful for any governmental entity or official, in an effort to reduce COVID-19 infections and deaths, to impose restrictions upon travel, either across state borders or in large crowds within a state. I disagree….

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Experimental Drug Could Curb Emerging COVID Mental Health Crisis

Experimental Drug Could Curb Emerging COVID Mental Health Crisis

As the COVID-19 pandemic evolves, experts warn it is triggering a national mental health crisis. Some say it could cause up to 75,000 U.S. deaths by suicide and drug overdose. Millions may experience lasting grief from losing loved ones, depression due to unemployment, and post-traumatic stress disorder (PTSD) from working on the frontlines as healthcare providers and other essential workers.  Traditional medications for mental illness, such as the antidepressants fluoxetine and paroxetine, are ineffective in about half of those who try them….

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