Browsed by
Tag: Eighth Amendment

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…

Read More Read More

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,…

Read More Read More

Cruel Exposure in Unusual Times

Cruel Exposure in Unusual Times

In ordinary times, the conditions on Rikers Island have been unconscionably bad. Now, with the rapid spread of coronavirus, they have become unconstitutionally deadly. Of the more than 1,300 cases that have developed in prisons, 370 come from Rikers alone. And the first inside to die of the disease, Michael Tyson, passed away on April 5th. Rikers Chief Physician, Dr. Ross MacDonald, broke from his practice of silent, anonymous service to bring attention to the fact that the virus spreads…

Read More Read More