Drug test strips.

Synthetic Cannabinoids and the Lack of Substance Use Disorder Treatment in Carceral Settings

By Aaron Steinberg, Ada Lin, Alice Bukhman, LaToya Whiteside, and Elizabeth Matos

The inability of prisons and jails to address the drivers of and treat substance use disorders, especially during the pandemic, is leading to underexplored health ramifications for prisoners, and particularly for prisoners who identify as Black, Indigenous, or other people of color (BIPOC), who already had comparatively poorer health outcomes.

This article focuses on one substance of growing popularity in carceral settings: synthetic cannabinoids (SC), which are frequently referred to as K2 or spice.

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scoreboard with home and guests written on it at sunset time.

A Mind Is A Terrible _____ To Waste

By Vincent “Tank” Sherrill

You fill in the blank! I’ve often referred to the mind as a womb, or a laboratory of life, not a “thing,” but rather a place where thoughts and ideas are conceived. However, since COVID-19 has been introduced on the scene, I’ve watched a cold game being played inside two Washington State prisons: the game between “The Progression of the Mind versus The Regression of the Mind.”

I didn’t have a front row seat in the Colosseum to this American tragedy; I was one of the 2.3 million sacrificial bodies. (Some of these bodies were released, back into a society not prepared to receive, due to their own post-COVID health needs.)

Supposedly, under the watchful eye of Lady Justice, prisoners are afforded certain inalienable rights and privileges, like religious and education services, for the redemptive qualities they both provide. However, due to this plague of epic proportion within these walls (some ancient, and some modern), which have made my domicile for 28 years, these basic services that provide the space for the Mind to grow, develop, and reconcile ceased.

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WASHINGTON MAY 21: Pro-choice activists rally to stop states’ abortion bans in front of the Supreme Court in Washington, DC on May 21, 2019.

Restricting Reproductive Rights During the War on Drugs: Intersectional Regimes of Surveillance and Criminalization That Harm Us All

By Taleed El-Sabawi, Jennifer J. Carroll, and Bayla Ostrach

Health law and policy in the United States are, in many senses, driven by a desire to control. When that control is enacted to impose anti-scientific but deeply moralized social norms, suffering always follows. Consider, for example, the decision in Dobbs v. Jackson Women’s Health Organization, which ended a constitutionally recognized right to abortion. This decision allows states to exert near-total control over pregnant people and their bodies — and many are already experiencing physical and emotional harm as a result.

This suffering at the hands of the state is compounded by existing drug law and policies, which also prioritize control over bodies above personal wellbeing and autonomy. Pregnant people who use drugs (including alcohol) are often subject to both of these coercive regimes, facing head-on the harmful synergism between drug criminalization and the criminalization of abortion.

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NEW YORK, NY - MAY 24, 2020: New York Times newspaper with "U.S. Deaths Near 100,000, An Incalculable Loss" front-page article delivered to front door in Manhattan.

Pandemic Nihilism, Social Murder, and the Banality of Evil

­­By Nate Holdren

Lire en français.

Every day in the pandemic, many people’s lives end, and others are made irrevocably worse.[1]

These daily losses matter inestimably at a human level, yet they do not matter in any meaningful way at all to the public and private institutions that govern our lives. Our suffering is inconsequential to the machinery of power and to those who compose and operate that machinery. This has been the case all along, but in this phase of the pandemic, our suffering has been nihilistically recast as not just inconsequential, but inevitable by the administration and the voices it has cultivated as its proxies. Consider, for example, White House Press Secretary Karine Jean-Pierre’s remarks during President Biden’s July 2022 COVID-19 infection: “As we have said, almost everyone is going to get COVID.”

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US map made of many people with empty space in the center that resembles a single spiky corona virion.

The Institutionalization Missing Data Problem

By Doron Dorfman and Scott Landes

One of the most important lessons from the ongoing COVID-19 pandemic needs to be about health surveillance of marginalized health populations — indeed, “who counts depends on who is counted.”

As disability scholars who use data and empirical tools in our work, we want to remind decision makers that advancing just law and policy depends on the systematic collection of accurate data. Without such data, our laws and policies will be fundamentally incomplete.

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cells with the doors closed at a historic Idaho prison.

The Pandemic Prison

By Dan Berger

The pandemic prison has utilized several of the worst features of incarceration as a foundational part of how the institution governs “public health” for its captives. And because prisons are never as removed from society as proponents like to think, these protocols redound far beyond the prison system itself.

The scale of COVID-19 in jails, prisons, and detention centers was expected. These institutions are defined by close quarters, poor health care, and, at least initially, little or no personal protective equipment. From the earliest days of the pandemic, anyone paying attention to jails, prisons, and detention centers knew that they would be vectors of community spread.

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2020 San Pedro California April 30: Federal Correctional Institution Terminal Island prison. Half the inmates there were infected with coronavirus.

Carceral Health Care Is Designed to Fail

By Andrea C. Armstrong

COVID-19 is not the first pandemic within prisons. Modern history is littered with examples of disease outbreaks in carceral spaces, including tuberculosis, influenza, and MRSA. Like these earlier carceral pandemics, the over 620,000 COVID-19 infections and 3,100 related deaths among incarcerated individuals to date simply expose how U.S. health law and policy fails to protect people in custody.

Only incarcerated people have a constitutional right to healthcare in the United States. That right, however, is rendered toothless when supplied through a punitive system that lacks meaningful standards and robust oversight.

Here is what we know — despite the secrecy that shields penal institutions — about carceral health care.

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The White House, Washington, DC.

The Years of Magical Thinking: Pandemic Necrosecurity Under Trump and Biden

By Martha Lincoln

From spring 2020 through the present day, Americans have endured levels of sickness and death that are outliers among not only wealthy democracies, but around the world. No other country has recorded as many total COVID-19 casualties as the United States — indeed, no other country comes close.

This situation is not happenstance. From early moments in 2020, the concept of a right to health — and indeed, even a right to life — has been discounted in American policy, discourse, and practice. Quite mainstream and influential individuals and institutions — physicians, economists, and think tanks — have urged leaders to shed public health protections — particularly masking — and “move away” from the pandemic. Over the past two years in the United States, leaders in both political parties have capitulated to — if not embraced — the doxa that a certain amount of death and suffering is inevitable in our efforts to overcome (or “live with”) the pandemic. In a piece written during the first months of COVID under Trump, I called this dangerous yet influential outlook necrosecurity: “the cultural idea that mass death among less grievable subjects plays an essential role in maintaining social welfare and public order.”

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