In a matter of a week, the much-vaunted “conservative” Supreme Court sided with two lower court decisions in separate cases to force the state of Idaho to offer a castration “operation” to a male inmate who thinks he’s a female and to release 837 criminals in Ohio. Meanwhile, the court refuse to intervene on behalf of our inalienable rights being trampled every day by state governments. If this is what a conservative Supreme Court is all about, I’d hate to see what a liberal court looks like.
It’s truly hard to conjure up a more extreme ruling from a court than one suggesting that it’s cruel and unusual punishment NOT to offer a castration to a male inmate in prison requesting one. Yet that is exactly what the Ninth Circuit Court of Appeals did when three judges issued an order in August requiring Idaho’s Department of Corrections to fund “gender confirmation surgery” for Adree Edmo.
Unfortunately, none of us are shocked by the depravity from the Ninth Circuit any more. What is shocking, however, is the fact that the Supreme Court refused to stay the ruling last Thursday. One would have expected the high court that is supposedly conservative to easily overturn this decision at the first opportunity. In Estelle v. Gamble (1976), the Supreme Court already set the standard of an Eighth Amendment violation for denying medical care to prisoners as “only medical care so unconscionable as to fall below society’s minimum standards of decency.” Moreover, a First Circuit ruling in 2014 and a Fifth Circuit ruling in March 2019 stated the exact opposite of the Ninth Circuit.
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Yet on May 21, the Supreme Court denied the motion from Idaho to stay the Ninth Circuit’s order. According to the court’s order, only Justices Thomas and Alito would have granted the application for stay from the state. How the other three GOP appointees, especially Roberts and Kavanaugh who seem to worship precedent, could allow a ruling like this to stand is stupefying.
This is the second time in recent months that the “conservative” Supreme Court has denied a stay to Idaho in the face of an unprecedented Ninth Circuit ruling creating radical phantom rights centered on twisting the Eighth Amendment. In September, the high court denied a stay of a Ninth Circuit ruling creating an Eighth Amendment right to camp out on Boise’s city streets. The city issued a public health and safety ordinance to clear out these encampments, but the Ninth Circuit ruled that it would be tantamount to cruel and unusual punishment to do so – just like denying the “right” to a castration procedure.
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