If COVID-19 poses risks to elderly inmates, may a judge order their release? Trump administration lawyers say no and ask Supreme Court to intervene.
The Trump administration is asking the Supreme Court to intervene for the first time in a case related to COVID-19, to block a judge’s order that a low-security federal prison in Ohio transfer, release or send home some of its elderly and medically vulnerable inmates.
Granting the appeal would “block an order that will save lives,” said David Cole, the ACLU’s national legal director. “Around the country, courts have been slow to step in and take responsibility to protect the tens of thousands of incarcerated people who are at risk from this virus. Bold leadership from courts will be required to mitigate the humanitarian crisis we’re facing.”The Elkton Federal Correctional Institution in northeast Ohio has been hard hit by the coronavirus.
In response, U.S. District Judge James S. Gwin on April 22 ordered the prison to evaluate its prison population and identify those who were at high risk because they were 65 or older or had medical conditions like asthma or a heart ailment that put them in danger if they contracted the virus.The prison subsequently said 837 inmates were in those categories. But officials later said only five of the inmates were suitable candidates to be confined at home or released.
In the Ohio prison case, Francisco argued that the judge had overstepped his authority and evaded the Prison Litigation Reform Act of 1995, which bars inmates from challenging prison conditions in federal court until they have tried to obtain relief through the prison grievance system.
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