Thanks to the prohibition of cruel and unusual punishment in our Constitution, we have some simple and basic legal rules when it comes to prison health care. Prisons must provide the people in their custody adequate health care. Prisons can’t ignore people’s serious health needs. Decisions about what treatments people need must be made by health care professionals with the necessary expertise, not prison bureaucrats. Prisons can’t have blanket policies that say no one can ever get a certain form of health care, even if doctors say they really, really need it.Yesterday a federal court invoked these very uncontroversial legal principles to rule that California prison officials must provide Michelle-Lael Norsworthy, a transgender woman incarcerated at a men’s prison, with gender confirming surgery her doctors and medical experts say she desperately needs.
By Melissa Goodman