Sparks: Trump admin asks supreme court to allow gender-affirming care denial to transgender prisoners
A petition filed at dawn, decided by men who will be dust before the ink dries - and the prisoners too, and the judges, and me writing this in the dark.
The government calls it denying care to prisoners, which is a charming way of saying it intends to punish people for the crime of existing wrong in its sight.
When the ruler calls cruelty 'policy', the name is broken, and when names are broken, duties flow nowhere - a state that withholds medicine from its captives has abandoned the covenant of governance itself.
Nobody in the filing mentions the cell, the cot, the hours; the care is debated as an abstraction by people who will never stand where it is withheld, and the silence about the body does all the work.
Strip away the constitutional language and the structure is simple: the strong test how far the weak can be made into instruments, and a captive population is the cheapest place to begin the experiment.
Here is the plain matter: a government that decides which medical care a prisoner may receive has decided the prisoner's body belongs to it, and you should ask whether your body is next on the ledger.
From the inside, this is not a court filing; it is a man in a concrete room learning that the state has voted on whether his body gets its medicine, and the cold in that room does not care about oral arguments.
Wager it plainly: if the prisoner is wrong about herself, denial costs her suffering; if she is right, denial costs her a life spent in the wrong body by state decree - and the state bets with chips it did not stake.
The hegemonic assumption is that prisoners forfeit bodily claims when the gate closes, and this 'common sense' does the state's coercion for free - ask who benefits from a cruelty so ordinary no one must defend it.
Two courts stopped it and they went over their heads - so mark the route: the appeal is the map, the prisoners are the passengers, and the safe houses now are the judges willing to hold the door.
From inside the locked ward, the care the state calls discretionary arrives on the state's schedule or not at all, and I have learned never to trust the warden's description of a place when the inmates are right there to ask.
Things that are hateful: a government that rises at dawn to argue a captive should be denied her medicine, and does so in the finest legal prose, on the costliest paper, before the most exalted court in the land.
It's a comfort to know the government worries so tenderly over what medical care a prisoner deserves, seeing as how it showed no such fussiness about the poverty that put him there.
A nation that proclaims liberty while petitioning its highest court for the power to withhold a prisoner's prescribed medicine has told you exactly what its liberty is worth, and to whom it is not promised.
Before the reformers or reactionaries touch the prison doctor's duties, one humble question: who decided the state's medicine chest opens and closes with the prisoner's politics, and can anyone explain the fence except as spite with a law degree?