The Department of Justice has taken steps to block taxpayer funding of inmate transgender surgeries in a pair of court filings in Georgia. The Department said it was moving to reverse the practice of the Biden administration’s use of “junk science” relating to the Americans with Disabilities Act (ADA) to require taxpayer funds to cover the procedures.
The DOJ said the action “undid the past administration’s abuse of the legal system that pushed an agenda driven by politics, not law.” In both cases, the inmate plaintiff demanded surgery for sexual reassignment to be paid for by the state. The DOJ said, “The prior administration portrayed such claims as necessary medical care for gender dysphoria under the ADA.” However, the new Trump administration DOJ action reverses that policy and “corrected the record” by removing a prior administration filing in one case and filing a new statement in the second that “correctly explains the extent of the ADA and the Eighth Amendment.”
Assistant Attorney General Harmeet K. Dhillon said, “There has never been an Eighth Amendment right for inmates to demand elective and experimental surgeries. States’ limited resources need not be wasted to provide these dubious surgeries to inmates.”
Dhillon added, “The prior administration’s nonsensical reading of the Americans with Disabilities Act was an affront to the very people the statute intended to protect.”
The two cases involved are Fuller v. Georgia Dep’t. of Corrections and, Doe v. Fuller v. Georgia Dep’t. of Corrections. The Justice Department release on the action said the “new filings lay bare the past administration’s manipulation of supposed medical guidelines to try to create an inmate’s right to optional surgeries where no such entitlement exists.”
Jim Mishler ✉
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