"Summarily removing the possibility of housing the plaintiffs in a women's facility, when that was determined to be the appropriate facility under the existing constitutional and statutory regime, demonstrates a likelihood of success on the merits of the plaintiffs' Eighth Amendment claim."
"A majority on a three-judge panel, though, said the inmates had not made a sufficient constitutional argument to justify that decision. The panel lifted the broad block on relocating transgender women to men's facilities."
A federal appellate court ruled that 18 transgender women inmates did not prove that transferring them to men's prisons constitutes cruel and unusual punishment. The ruling allows for individual arguments regarding potential risks of physical harm. The Justice Department aims to segregate inmates based on gender assigned at birth, following an executive order from President Trump. A previous injunction by U.S. District Judge Royce Lamberth had halted transfers, but the appellate court lifted this block, stating the inmates did not present a sufficient constitutional argument.
Read at Advocate.com
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