So… Congress isn’t going to repeal the PLRA, not any time soon. It doesn’t face popular anger, and letting ppl in prison back into court isn’t getting 60 votes in the Senate, maybe not 50.
But! There are things we can do—just indirectly.
But! There are things we can do—just indirectly.
A student of mine, for ex, has a note coming out in the Fordham L Rev this fall arguing, among other things, for pushing states to streamline (and even make electronic) their grievance processes: make it easier to satisfy exhaustion.
The PLRA—or, really, the fed courts’ strange read of the PLRA—caps lawyer fees. So states could fund indigent counsel to handle those sorts of cases.
None might be as good as a full repeal, but that seems utterly unlikely. Seemed unlikely in 2015. So in 2021?
None might be as good as a full repeal, but that seems utterly unlikely. Seemed unlikely in 2015. So in 2021?
Obviously these sorts of collateral attacks on the PLRA will work more in bluer states, but I can see some redder ones also embracing better grievance processes. It’s not impossible.
Anyway, seems we should talk abt this too: how do we undermine the PLRA from the state side?
Anyway, seems we should talk abt this too: how do we undermine the PLRA from the state side?
• • •
Missing some Tweet in this thread? You can try to
force a refresh
