THE GUERRILLA ANGEL REPORT — I’m not going to speculate on the specific reasons why Mass. Gov. Deval Patrick decided to appeal U.S. District Judge Mark Wolf’s ruling on transgender inmate Michelle’s need for SRS, other than to point out the decision was most likely based on politics or emotions — probably both. It most certainly wasn’t rational thinking.
The ONLY thing on the table here is cruel and unusual punishment. Not the fact she’s transgender. Or that she needs SRS. Or that it’s expensive. Or that lawyers are expensive, too.
Wolf ruled that what was happening to Kosilek in prison was cruel and unusual punishment. If an inmate racked up tens of thousands of dollars in legal bills trying to prove she is being subject to cruel and unusual punishment in prison and succeeds, of course she is going to be reimbursed. By ordering that her legal expenses be repaid, the judge is saying that the prison authorities failed to tend to her well-being — a responsiblity they’re entrusted to provide for all prisoners.
The appeals court will be looking at only one thing when the case comes before them: Is Kosilek enduring cruel or unusual punishment? They will then decide either yes or no.
The cost for the surgery and legal expenses, politics, emotion appeals, the lack of health care for non-prisoners, the fact that she’s a convicted murder — all these things will not be considered by the appeals court.
Gov. Patrick knows all this because after all, he’s a grad from Harvard Law School and was appointed Assistant Attorney General to the Department of Justice Civil Rights Division by then President Bill Clinton.
So basically Gov. Patrick, with only one tool left in your toolbox, you’re saying Kosilek is NOT enduring cruel and unusual punishment. Right?
I previously reported on this story: “By now, everybody and their neighbor have called for the Massachusetts judge’s head on a pike for ordering that a trans inmate get SRS (sex reassignment surgery) while in prison.”
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