Eighth Amendment

27 ABA Journal Eighth Amendment articles.

‘This is not justice’: Sotomayor slams final federal executions before Biden’s inauguration
Dustin John Higgs was executed early Saturday, the 13th inmate to be put to death since the federal government resumed executions after a 17-year hiatus.
Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

2 justices dissent over Supreme Court’s refusal to restore COVID-19 safety steps at ‘tinderbox’ prison
The U.S. Supreme Court on Monday denied a request by two older inmates at a Texas geriatric prison to reinstate a judge’s order requiring COVID-19 safety measures.
Inmate is entitled to sue over claim his cell had ‘massive amounts’ of feces, SCOTUS rules
Prison officials don’t have qualified immunity from a lawsuit by an inmate who claims that he was held in a cell covered in “massive amounts” of feces, the U.S. Supreme Court ruled Monday in a per curiam opinion.
Supreme Court lifts injunction requiring COVID-19 safety measures at jail
The U.S. Supreme Court on Wednesday lifted an injunction requiring the sheriff of Orange County, California, to implement COVID-19 safety measures at the jail.
US conducts first federal execution since 2003 after Supreme Court vacates injunction
Federal inmate Daniel Lewis Lee died by lethal injection on Tuesday morning in the first federal execution since 2003.
SCOTUS refuses to block order to move at-risk inmates at prison with high COVID-19 rate
The U.S. Supreme Court refused Tuesday to stay a judge’s order requiring the Federal Bureau of Prisons to release or transfer inmates at an Ohio prison who face greater risks if they contract COVID-19.
Supreme Court declines to block sex reassignment surgery for transgender inmate
The U.S. Supreme Court declined Thursday night to stay court-ordered sex reassignment surgery for a transgender inmate.
Afternoon Briefs: Harvard Law prof drops ‘clickbait defamation’ suit; Trump campaign sues TV station over ad

Law prof drops ‘clickbait defamation’ suit after edits

Harvard Law professor Lawrence Lessig has dropped his “clickbait defamation” lawsuit against the New York Times after the newspaper changed part of…

ABA urges top state court to consider death penalty policy, constitutional challenges in drug records case
The ABA filed an amicus brief with the Idaho Supreme Court on Friday that urges justices to consider the association’s position on issues related to public records about the lethal injection drugs used in death penalty cases.
Oklahoma will resume executions after 5-year moratorium
Oklahoma plans to resume lethal injections following a five-year moratorium spurred by botched executions.
Afternoon Briefs: Some of Justice Scalia’s papers are now public; House lifts ERA deadline

Some of Justice Scalia’s papers are now publicly available

The legal and academic papers of the late U.S. Supreme Court Justice Antonin Scalia are now available for public viewing, at…

State supreme court affirms 12-year sentence for inmate’s cellphone possession
The Mississippi Supreme Court has upheld the 12-year sentence of a man convicted for having a cellphone in jail.
Afternoon Briefs: Retired lawyer liable for son’s death; SCOTUS rejects homelessness case

93-year-old retired lawyer is found liable for son’s shooting death

On Friday, jurors in San Diego found a 93-year-old retired lawyer liable for $9.5 million in damages for killing his…

Chemerinsky: Weighty matters load the Supreme Court’s next term
The U.S. Supreme Court justices return from their summer recess Monday to a calendar filled with potential blockbuster cases. Typically, about half the docket is set before the justices’ recess at the end of June, with the remaining cases taken between the beginning of October and the middle of January. But just based on what already is on the docket, this term could be filled with cases of great significance.

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