Welcoming and embracing inhumane conditions in prisons as federal policy will make challenging those conditions even more difficult, Baich said. “It’s hard enough to challenge conditions of confinement when departments of corrections or the Bureau of Prisons is saying that it’s not unconstitutional,” he said.

I actually wouldn’t think that’s true. If Trump in standard Trump fashion is simply announcing that the conditions are horrifyingly cruel on purpose, I would think that judges would be more likely to give orders that it be fixed. If you’re dealing directly with BoP then no, but as they noted, they haven’t been fixing them anyway.