So, the takeaway is that habitual offender laws did not emerge from the tough on crime era in the late 1900s, but instead from the eugenics movement in the early 1900s. The Howard Law Journal published my research on this last month.

@avierkant.bsky.social and I also did an amazing symposium on Marta Russell with @kmtani.bsky.social for @lpeblog.bsky.social in 2022, featuring contributions from @nhold.bsky.social, Ruth Colker, Jules, @deanspade.bsky.social & Liat Ben-Moshe

the decades long fight to get needle access in prisons is also a helpful tool of how rights-based approaches, while limited, can be critical tools in fighting for material resources & basic dignity.

uptake on the program is extremely low, especially among women, because of lacking confidentiality protections & risk of reprisal. several prisons hosting a program have ZERO people accessing it. canada is an outlier internationally with its high barrier and security-oriented approach.

needle distribution, in community and in prison, began through impacted communities and healthcare allies engaging in unsanctioned practices — defying 1-for-1 exchange policies, smuggling, creative professional disobedience.

established measures like needle distribution that have been around since the 80s are facing renewed attacks; in ontario, established agencies are being barred from distributing them under new draconian funding agreements.

eligibility is effectively determined by prison wardens. close to 1/3 of applicants are deemed ineligible based on a ‘threat risk assessment’. imagine the health fallout if we subjected people in community to the same process just to access sterile equipment.

The situation also underscores urgent need for public health and municipal leadership to reign in excessive and abusive enforcement practices that violate the right to health & access emergency care.