This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.nytimes.com/2020/05/14/us/politics/supreme-court-texas-prison-coronavirus.html
The article has changed 27 times. There is an RSS feed of changes available.
| Version 13 | Version 14 |
|---|---|
| Supreme Court Rejects Bid for Virus Protections in Texas Prison | Supreme Court Rejects Bid for Virus Protections in Texas Prison |
| (8 days later) | |
| WASHINGTON — The Supreme Court denied a request on Thursday from two inmates in a Texas geriatric prison to reinstate a trial judge’s order instructing officials to take steps to protect them from the coronavirus pandemic. | WASHINGTON — The Supreme Court denied a request on Thursday from two inmates in a Texas geriatric prison to reinstate a trial judge’s order instructing officials to take steps to protect them from the coronavirus pandemic. |
| As is the Supreme Court’s custom in ruling on emergency applications, its brief order was unsigned and gave no reasons. But Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued a seven-page statement expressing concern about the plight of the nation’s prisoners. | As is the Supreme Court’s custom in ruling on emergency applications, its brief order was unsigned and gave no reasons. But Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued a seven-page statement expressing concern about the plight of the nation’s prisoners. |
| “It has long been said that a society’s worth can be judged by taking stock of its prisons,” Justice Sotomayor wrote. “That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales.” | “It has long been said that a society’s worth can be judged by taking stock of its prisons,” Justice Sotomayor wrote. “That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales.” |
| On April 16, Judge Keith P. Ellison, of the Federal District Court in Houston, ruled that the pandemic posed a grave threat to hundreds of prisoners held at the Wallace Pack Unit, a state geriatric prison in Grimes County, Texas. | On April 16, Judge Keith P. Ellison, of the Federal District Court in Houston, ruled that the pandemic posed a grave threat to hundreds of prisoners held at the Wallace Pack Unit, a state geriatric prison in Grimes County, Texas. |
| “One person incarcerated at Pack Unit has died from Covid-19,” Judge Ellison wrote, “and we are seeing Covid-19 spread like wildfire in prisons, jails and detention facilities within” the Texas prison system, “the country and the world.” | “One person incarcerated at Pack Unit has died from Covid-19,” Judge Ellison wrote, “and we are seeing Covid-19 spread like wildfire in prisons, jails and detention facilities within” the Texas prison system, “the country and the world.” |
| The case was brought by two prisoners: Laddy Valentine, 69, who is serving a 25-year sentence for child sexual abuse, and Richard King, 73, who is serving a life sentence for murder. They told Judge Ellison that prison officials had not taken adequate steps to protect them and that conditions at the prison violated the Eighth Amendment, which prohibits cruel and unusual punishments. | The case was brought by two prisoners: Laddy Valentine, 69, who is serving a 25-year sentence for child sexual abuse, and Richard King, 73, who is serving a life sentence for murder. They told Judge Ellison that prison officials had not taken adequate steps to protect them and that conditions at the prison violated the Eighth Amendment, which prohibits cruel and unusual punishments. |
| Hand sanitizer was unavailable, they said; guards did not wear masks; three inmates working as janitors were made to share a single pair of gloves; and part of an empty dormitory was not used to create distance among the inmates. | Hand sanitizer was unavailable, they said; guards did not wear masks; three inmates working as janitors were made to share a single pair of gloves; and part of an empty dormitory was not used to create distance among the inmates. |
| Judge Ellison ordered prison officials to undertake some 14 measures to combat the spread of the virus, including supplying soap, masks, hand sanitizer, cleaning supplies and other materials; disinfecting common areas every 30 minutes from early morning until late evening; limiting the admission of new prisoners; testing current prisoners; and suspending co-payments for medical services. | Judge Ellison ordered prison officials to undertake some 14 measures to combat the spread of the virus, including supplying soap, masks, hand sanitizer, cleaning supplies and other materials; disinfecting common areas every 30 minutes from early morning until late evening; limiting the admission of new prisoners; testing current prisoners; and suspending co-payments for medical services. |
| A three-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, blocked Judge Ellison’s order on April 22, saying that he had exceeded his authority. | A three-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, blocked Judge Ellison’s order on April 22, saying that he had exceeded his authority. |
| The panel, in an unsigned opinion, said that the Texas Department of Criminal Justice, or T.D.C.J., had taken many steps to address the pandemic and that federal judges should not micromanage state prison systems. | The panel, in an unsigned opinion, said that the Texas Department of Criminal Justice, or T.D.C.J., had taken many steps to address the pandemic and that federal judges should not micromanage state prison systems. |
| “The harm to T.D.C.J. is particularly acute,” the panel wrote, “because the district court’s order interferes with the rapidly changing and flexible systemwide approach that T.D.C.J. has used to respond to the pandemic so far.” | “The harm to T.D.C.J. is particularly acute,” the panel wrote, “because the district court’s order interferes with the rapidly changing and flexible systemwide approach that T.D.C.J. has used to respond to the pandemic so far.” |
| Updated June 30, 2020 | |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | |
| Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. | Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. |
| A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
| The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| In the Supreme Court, the prisoners said their case presented a matter of life and death. | In the Supreme Court, the prisoners said their case presented a matter of life and death. |
| “While most of the country observes social distancing and remains in their homes to keep safe from Covid-19,” their brief said, “one highly at-risk population for contraction of the virus has been all but forgotten: those in our nation’s prisons. This case concerns the most basic human right — the ability to protect oneself from grave danger.” | “While most of the country observes social distancing and remains in their homes to keep safe from Covid-19,” their brief said, “one highly at-risk population for contraction of the virus has been all but forgotten: those in our nation’s prisons. This case concerns the most basic human right — the ability to protect oneself from grave danger.” |
| In response, prison officials said they had followed guidance from the Centers for Disease Control and Prevention and faulted the prisoners for failing to follow internal grievance procedures and for waiting almost two weeks to seek relief in the Supreme Court. | In response, prison officials said they had followed guidance from the Centers for Disease Control and Prevention and faulted the prisoners for failing to follow internal grievance procedures and for waiting almost two weeks to seek relief in the Supreme Court. |
| “Defendants have worked diligently to address the harms posed by Covid-19 in exceedingly difficult circumstances, with available information and medical guidance changing on a daily basis,” the brief said. “There is no evidence that the measures required by the preliminary injunction will be any more effective against the Covid-19 pandemic than the measures already put in place by defendants.” | “Defendants have worked diligently to address the harms posed by Covid-19 in exceedingly difficult circumstances, with available information and medical guidance changing on a daily basis,” the brief said. “There is no evidence that the measures required by the preliminary injunction will be any more effective against the Covid-19 pandemic than the measures already put in place by defendants.” |
| Justice Sotomayor wrote that the prisoners had not met the demanding standards for lifting the appeals court’s stay. But she said the record in the case was filled with disturbing evidence pointing to the prison’s “lackluster efforts to keep the illness from spreading.” | Justice Sotomayor wrote that the prisoners had not met the demanding standards for lifting the appeals court’s stay. But she said the record in the case was filled with disturbing evidence pointing to the prison’s “lackluster efforts to keep the illness from spreading.” |
| “While states and prisons retain discretion in how they respond to health emergencies,” she wrote, “federal courts do have an obligation to ensure that prisons are not deliberately indifferent in the face of danger and death.” | “While states and prisons retain discretion in how they respond to health emergencies,” she wrote, “federal courts do have an obligation to ensure that prisons are not deliberately indifferent in the face of danger and death.” |