Ninth Circuit overturns order requiring Oregon to house transgender women in women’s prisons

Filed 46m ago · Via Courthouse News · The Buffoon Desk

THIS STORY IS SCORED

Batty McFaddin

Kevin MacLeod · incompetech.com · CC BY 4.0

Photo: Tim Evanson · CC BY-SA 2.0 · via Wikimedia Commons

The Ninth Circuit overturned an injunction that would have moved most transgender women convicted of felonies into Oregon's only women's prison, ruling the magistrate judge relied on stale statistics and baseless speculation. The panel, made up entirely of Trump appointees, also vacated the class certification covering more than 100 transgender inmates.

Circuit Judge Eric Tung's opinion cited Oregon's case-by-case placement process, noting only 26 of 117 transgender women in state custody had requested placement in a women's prison, with eight currently housed there. Tung also referred to transgender women in the opinion as 'male inmates who claim to be female,' using quotation marks around 'transgender' throughout.

Notably, even the DOJ's own Oregon spokesperson distanced the department from the ruling's language while praising its outcome, saying it does not reflect the government's brief or values. The case returns to the lower court for further proceedings.

The full dispatch is available from the source below.

✒ FROM THE EDITORIAL DESK

You can win the case and still wince at the opinion, and that is exactly what happened here. When the government's own spokesperson has to clarify that a ruling in her favor uses language she does not endorse, that tells you something about how loud the wording got. The law can be sound and the phrasing still read like it was written to make a point past the page.

Source: Read the original at Courthouse News → Scored: Batty McFaddin · Kevin MacLeod · CC BY 4.0

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