Policies & Analysis

The plaintiffs in this case are 21 federal prisoners whose death sentences were commuted to life without parole by President Biden. They filed suit against President Trump, U.S. Attorney General Pam Bondi, the Federal Bureau of Prisons (BOP), and other DOJ and BOP officials, challenging the decision to transfer them to ADX Florence, the federal system’s most restrictive “supermax” facility. ADX Florence, sometimes called the “Alcatraz of the Rockies,” subjects inmates to extreme isolation, limited phone and visitation privileges, restricted access to exercise and recreation and significant barriers to legal representation. The plaintiffs contend that this transfer, directed by Executive Order 14164, violates the Administrative Procedure Act and their constitutional rights, including procedural due process, equal protection, protections against bills of attainder and ex post facto punishments, and the presidential power to grant clemency. Plaintiffs seek declaratory and injunctive relief to block enforcement of the executive order and ensure any reassignment complied with statutory procedures.