Do states' "Unnecessary Rigor Clause" go above and beyond the U.S. Constitution's Eighth Amendment?

 A handful of prisoners in Oregon who filed a proposed class action lawsuit in mid-June challenging the Oregon Department of Corrections' (ODOC) solitary confinement practices. It alleges that the ODOC is violating the state constitution's "Unnecessary Rigor Clause," which goes above and beyond the Constitution's Eighth Amendment protections against cruel and unusual punishment, reported Reason Magazine. States like Indiana, Tennessee, Utah, and Wyoming also have similar protections in their constitutions. 

The plaintiffs seek a declaration that the ODOC's practices are unconstitutional and an injunction prohibiting the department from continuing the practices in the future. They also want to establish a monitoring regime so that the ODOC does not fall back into its old habits. 

"It's ironic that in a state that is pushing back against the Trump administration and is a progressive leader in so many ways is at the same time subjecting people to these degrading, cruel and inhumane issues," said George Mills, a staff attorney at the Prison Law Office, a nonprofit public interest law firm representing some of the plaintiffs. 

A spokesperson for the Oregon Department of Corrections told Reason that the agency can't comment on the specifics of the lawsuit but remains committed to maintaining "safe, secure, and humane operations for adults in custody, staff, and the communities we serve." That includes, but is not limited to, increasing out-of-cell time for people in solitary confinement, building peer mentorship programs, and enhancing violence prevention tools. 

"DOC remains committed to this long‑term cultural transformation and to ensuring our practices continue to evolve in alignment with research, safety needs, and constitutional standards," the spokesperson wrote in an email. 

Solitary confinement—also known as restrictive housing or administrative segregation—has a long and sordid history in the U.S. The Eastern State Penitentiary in Philadelphia is widely considered the birthplace of solitary confinement. As early as 1829, some prisoners were kept in tiny cells only containing a worktable, a toilet, a skylight, and a Bible. Historian William Kashatus argued in a 1999 article for Pennsylvania Heritage Magazine that the cells were designed in such a way to "remind the inmate that penitence would only be achieved through the light from heaven, the word of God, and honest work." 

In 1890, the Supreme Court recognized that the assumption underpinning solitary confinement is inhumane and counterproductive in a case known as In re Medley. The case concerned a convicted murderer named James J. Medley who was held in solitary confinement for 45 days in Colorado before his execution. Chief Justice Samuel Miller, after going through a lengthy historical analysis of the practice, found that prisoners subjected to solitary confinement often "did not recover sufficient mental activity to be any subsequent service to the community." 

Keeping prisoners in solitary confinement is also inherently dangerous. Studies have shown that extended time in solitary can permanently damage an individual's brain by shrinking the hippocampus, the part of the brain responsible for memory and sociability. That is one reason why many prisoners who are sent to solitary return with symptoms of "depression, paranoia, lack of concentration or memory, anger, and hallucinations," according to a 2018 study. Solitary confinement can also cause muscular degeneration, cardiovascular issues, and dermatological conditions because of the lack of regular exercise and restricted hygiene habits. 

Jenkins-Millage claimed in the lawsuit that he has experienced similar symptoms since he was sent to solitary confinement. For instance, he said he developed symptoms of depression or bipolar disorder, including suicidal ideation, while he was in solitary. He attributed these symptoms to a lack of meaningful human contact, recreation, and mental stimulation.

Even so, reforming solitary confinement practices has been slow and arduous work. According to 2023 estimates, more than 122,000 people are held in solitary confinement across the U.S., representing just under 7 percent of the nation's total prison population. While many assume that the worst of the worst criminals live in solitary confinement, multiple studies have found that prisons routinely use solitary confinement as punishment for nonviolent offenses like tobacco use and talking back to a prison guard. Solitary confinement is also often considered the "de facto mental health unit" in many prisons, according to the Vera Institute of Justice. 

"When we made the decision to do whatever put us in prison," Jenkins-Millage told Oregon Public Broadcasting in June. "We didn't stop being humans."

The lawsuit claims directors at the ODOC are aware that their practices may run afoul of best practices. In the 91-page complaint, lawyers point to memos sent by senior ODOC leaders outlining the need to "reduce the use of segregation" and acknowledging that the practice is "detrimental to an individual's health." Another superintendent at Oregon's Coffee Creek Correctional Facility claimed that "segregation isn't an effective tool to change behavior." 

Still, the ODOC has been slow to address its issues. For instance, a 2015 study by Disability Rights Oregon found that prisoners in solitary confinement had no access to mental health treatment. A 2016 study conducted by the Vera Institute found that segregated prisoners in the ODOC lived in conditions marked by "isolation, idleness, and sensory deprivation" that created or exacerbated serious mental health issues. 

"They know that this is wrong, and they know that they need to make progress on this," Mills said. 

The lawsuit was filed at a time when solitary confinement is under strict scrutiny across the globe. In 2015, the United Nations General Assembly revised what are known as its Nelson Mandela Rules, which seek to create an international standard for the treatment of prisoners, to state that solitary confinement should be used only as a "last resort" and should not last longer than 15 days. That led to prison reforms in European countries such as Germany, Ireland, Scotland, Denmark, and the Netherlands, as well as in South Africa. 

Several U.S. states are creating more humane approaches to solitary confinement. Nevada reduced the amount of time prisoners can spend in solitary confinement to 15 days in 2023. A bill passed in Virginia adding new restrictions on when a prisoner can be sent to solitary confinement. Other states like Louisiana passed a law to increase access to educational materials for people in solitary confinement, and Tennessee now prohibits pregnant women from being sent to solitary.  

To Mills, these initiatives come back to one of America's original principles: "You can't torture people, and that's a foundational principle of our country."

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Conservative 11th Circuit Court of Appeals strikes down Florida's 'Stop WOKE Act'

 Part of a Florida law limiting discussions on race, gender and diversity unconstitutionally restricts the speech of college professors, a divided 11th Circuit panel ruled, according to Courthouse News Service.

“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” U.S. Circuit Judge Britt Grant wrote on behalf of the majority.

In a 2-1 decision, the Atlanta-based appeals court rejected a request by Florida officials to toss out a federal judge’s ruling preventing the Sunshine State from enforcing a provision of Florida’s Individual Freedom Act, also known as the Stop Wrongs Against Our Kids and Employees Act (Stop WOKE Act).

The law would have restricted state university professors from endorsing certain views on eight concepts related to race, color, national origin or sex during classroom discussions.

The Individual Freedom Act amended the Florida Education Equality Act by creating new speech restrictions barring any “training or instruction that espouses, promotes, advances, inculcates, or compels” students at public state universities to believe any of eight concepts: a “blacklist of ideas,” an attorney for the plaintiffs said.

The concepts include ideas suggesting that members of one race, color, sex or national origin are morally superior to others, that a person is “inherently racist, sexist or oppressive” by virtue of his race or sex, or that people should feel guilty about the actions of their ancestors.

Students, professors and a student organization at six of Florida’s public universities sued the Florida Board of Governors to prevent officials from enforcing the provision.

“Viewpoint-based restrictions designed to compel or ban a set of beliefs are dangerous in any setting, and they are especially pernicious in the classroom context,” Grant, an appointee of Donald Trump, wrote on Tuesday. “That goes double for broadly worded yet imprecise regulations like these, which are sure to leave both professors and their students guessing about what kind of speech might violate the rules.”

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Woman who said her 18-month-old twins died from vaccinations is indicted for their murder

An Idaho woman who said her toddler twins died last year after being vaccinated faces murder charges connected to their deaths, reported The Associated Press.

A grand jury indicted Andrea Shaw, who is accused of suffocating her 18-month-old twins in May 2025, on two counts of first-degree murder on June 29, according to court records and a statement from the Payette Police Department.

While appearing last year on an internet show produced by Children’s Health Defense — an anti-vaccine group founded by Health and Human Services Secretary Robert F. Kennedy Jr. — Shaw said her twins died after getting vaccinated. Kennedy has not been affiliated with the group since December 2024, when he formally resigned as chairman to join President Donald Trump’s administration.

Shaw, 23, was arrested by Boise police officers Tuesday and arraigned Thursday. She is being held on a $2 million bond and could face life in prison or the death penalty if convicted or if she pleads guilty to first-degree murder. Her next court appearance is July 14.

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Bucknell University football coach charged with manslaughter in death of football player

A Bucknell University football strength and conditioning coach is charged in the 2024 death of a freshman recruit who died of stress-induced sickle cell disease after being ordered to do exercises as punishment, reported the Pennsylvania Capital-Star..

The Pennsylvania Attorney General’s Office announced  that Mark Kulbis is charged with felony aggravated hazing and misdemeanor counts of involuntary manslaughter, reckless endangerment and hazing.

Calvin “C.J.” Dickey Jr., 18, died July 12, 2024, two days after he collapsed during a workout on the first day of practice in which Kulbis ordered the freshman players to do dozens of “up-downs” because they “came up short,” according to court documents.

The attorney general’s office said an investigation showed Bucknell had provided training for its coaches on working with student-athletes with sickle cell trait, advising them to gradually work such students up to intense exercise rather than forcing them, which can result in death.

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Chicago FBI chief leaving: ' Anyone who is not on board with THIS FBI under the leadership of President Trump . . . is free to leave'

The head of the FBI’s Chicago field office is abruptly leaving his position, according to a resignation message he sent to colleagues and multiple people familiar with the situation who said he was told to retire, reported The Associated Press.

Douglas DePodesta has served as special agent in charge in Chicago, one of the FBI’s largest offices, for nearly two years and has been with the bureau since 2002.

He told colleagues that his last day would be Monday, according to a message seen by The Associated Press. Multiple people familiar with the matter, speaking on condition of anonymity to discuss a personnel move, said DePodesta had been pushed to retire.

The events leading up to his departure were not immediately clear, but DePodesta alluded in his farewell note to a conflict that he suggested had precipitated it.

“I’ve never backed down from a fight, as long as it meant our personnel could continue serving the FBI’s mission,” DePodesta wrote in the message. “Unfortunately, that has proved unpopular over time and my departure is a consequence of that.”

The move is part of a broader upheaval in the FBI’s workforce as Director Kash Patel has sought to force out line agents and supervisors alike who are perceived as not supporting the Trump administration agenda. It also comes amid prolonged tumult in the law enforcement community in Chicago, whose top federal prosecutor, Andrew Boutros, described this week a sweeping review of more than 1,000 grand jury presentations made by Illinois prosecutors following the dismissal of a high-profile case over misconduct.

The FBI declined to comment, but the bureau’s “rapid response” social media account on X responded to a separate post about DePodesta’s departure by saying: “It’s simple: Anyone who is not on board with THIS FBI under the leadership of President Trump — which has achieved the lowest murder rate ever — is free to leave.”

DePodesta also quoted in his note from a farewell message from Patel’s predecessor, former Director Chris Wray, who reminded the workforce that “you have been who the American people have turned to in their darkest moments” and praised them for having “stayed true to the values that define who we are, and to the qualities for which we stand: Fidelity, Bravery and Integrity.”

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Mangino discusses trial of George Pino with Court TV's Ted Rowlands

 

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Concerns of the founding fathers not much different than concerns today

 Robert Parkinson, Professor of History, Binghamton University, State University of New York wrote in The Conversation:

The Declaration of Independence, with its block of cursive letters scrawled onto parchment, looks like a relic from the distant past. Likewise, you might think the 27 grievances against King George III, his government and the British people listed in the body of the document would have little relevance to our lives today.

After all, what could the specific complaints of colonists in 1776 have to do with 2026? The parts of the declaration worth knowing about are the soaring sentences in the opening paragraphs about self-evident truths, pursuing happiness and all men being created equal. Right?

I’m a professor of history, and I have been researching the Declaration of Independence for nearly a quarter-century. The document has been featured prominently in the four books I have written on the founding of the U.S., especially the recently published “Tyrants and Rogues: Understanding the Declaration of Independence.”

In my assessment, the issues that most disturbed the Revolution’s leaders in 1776 are ones Americans are still concerned about today: a partisan judiciary, arbitrary power, officials not being responsible to their constituents, people lacking a voice in decisions that affect their families, and even policies about immigration and citizenship. Moreover, studying the grievances reveals how the Revolution depended on ordinary Americans. Without their political outrage and participation in the rebellion, American independence would have failed.

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