#prisonRightsNow #transRightsNow {} In a 3-2 decision with two strong dissents, the First Circuit Court of Appeals denies Michelle Kosilek right to medically necessary care. In the ruling, the dissenting opinion states: Prejudice and fear of the unfamiliar have undoubtedly played a role in this matters protraction. Whether todays decision brings this case to a close, I cannot say. But I am confident that this decision will not stand the test of time, ultimately being shelved with the likes of Plessy v. Ferguson, 163 U.S. 537 (1896), deeming constitutional state laws requiring racial segregation, and Korematsu v. United States, 323 U.S. 214 (1944), finding constitutional the internment of Japanese Americans in camps during World War II. I only hope that day is not far in the future, for the precedent the majority creates is damaging. It paves the way for unprincipled grants of en banc relief, decimates the deference paid to a trial judge following a bench trial, aggrieves an already marginalized community, and enables correctional systems to further postpone their adjustment to the crumbling gender binary.
Posted on: Fri, 19 Dec 2014 13:58:07 +0000
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