Published on: Friday, June 5, 2020

On June 4, 2020, Justice Sotomayor granted the government's request to stay a federal district court order to release or transfer vulnerable inmates from the Elkton Federal Prison.  The stay order is available here, and provides:

IT IS ORDERED that the District Court's April 22 and May 19 orders are hereby stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Sixth Circuit and further order of the undersigned or of the Court.

On May 26, the Supreme Court issued an order denying a stay of the district court's order to transfer vulnerable prisoners "out of Elkton through any means," see latest news post here That first stay request appears to have been predicated on a technicality.  The parties' stay application briefing is available on the Supreme Court's website here.  The Training Division is committed to providing relevant, timely, and useful resources to defenders and CJA attorneys regarding the impact of COVID-19 on federal criminal practice through our COVID-19 pages on