When society divests people of their agency to protect and care for themselves, the institutions manufactured to mete out punishment have an affirmative obligation to protect those without capacity from harm. This is an edict often debated – we can look to Justice Clarence Thomas dissent in Hudson v McMillan where he found the Constitutions Eighth Amendment does not recognise “deprivations” or “hardships” during incarceration. Fortunately, his judgement did not prevail. COVID-19 has presented a different question to not only the judiciary but to local legislatures and those tasked with presiding over the lives of over two million Americans - in particular, the more than two thousand souls cu
“The quality of mercy is not strained. It droppeth as the gentle rain from heaven upon the place beneath. It is twice blessed: It blesseth him that gives and him that takes..." - Shakespeare Located on the second floor of the south wing of the State Capitol, the senate chambers erupted with the smug nays of the Republican Legislature. The Italian marbled walls and original hand carved walnut furnishings would serve to insulate the legislators from the noise of outraged protestors filling the Capitol hallways with palpable disdain. Hundreds had gathered to protest the covert lame-duck legislative session unfolding within and its intent to subvert democracy and codify Walker initiated rules ah
