California transgender inmates are claiming that the state’s prison officials are refusing to “fully implement” a law that would allow them to transfer to prisons of the opposite sex. An attorney for the group says the officials “regularly violate” the law.
The original law, SB132, took effect in 2021. The law has already been challenged in federal court last November by the Women’s Liberation Front on behalf of four female inmates who argue the measure endangers biologically female prisoners by allowing men to pose as women.
The suit also claims the law violates the female inmates’ freedom of speech and religion and their right to be free of cruel and unusual punishment by requiring them to treat the male inmates as women.
“The reality that men and women are factually, materially, immutably different, in ways that disadvantage women and necessitate attention to women’s unique needs, supports protection of incarcerated women by providing women-only correctional facilities,” the lawsuit states.
National Review reports:
Inmates have filed at least 321 requests for transfers based on gender identity since the law took effect, but the Corrections Department has granted only 46 of those requests, Portnoi wrote in a filing. Some of those who have had their requests approved have not been moved, he said.
The filing added that one of the transgender inmates was often called a “boy” by prison guards and another was placed in a cell with a man who was a known sexual assailant, who then assaulted the inmate.
The Corrections Department writes on its website that all inmate requests for transfers under SB132 are subject to an “in-depth review” by a committee of prison guards and health care staff led by a warden. The site says transfer may be denied due to “management or security concerns” but not for “discriminatory reasons.”
The department affirmed its commitment to “providing a safe, humane, respectful, and rehabilitative environment for all incarcerated persons,” including transgender inmates, the San Francisco Chronicle reported.
Women’s Liberation Front’s legal director Lauren Adams again pushed back against the law following the new filing this week.
“This law has already subjected incarcerated women to sexual assault, abuse and intimidation, in addition to the constant indignity of having to shower, undress and use the toilet in front of men,” Adams said. “The ACLU, Lambda Legal and the Transgender Law Center have the nerve to call women ‘bigots’ when they object.”
National Review adds the filing comes after a male inmate identifying as a woman was convicted last month of raping a female prisoner at the women’s facility at the Rikers Island complex in New York.
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Biden Administration Proposes Rule to Fortify Federal Bureaucracy Against Republican Presidency
In a strategic move, the Biden administration has unveiled a proposed rule aimed at reinforcing the left-leaning federal bureaucracy, potentially hindering future conservative policy implementations by Republican presidents. This move has raised concerns about the efficacy of democratic elections when a deep-seated bureaucracy remains largely unchanged, regardless of electoral outcomes.
Key points of the situation include:
Presidential Appointees vs. Career Bureaucrats: Of the 2.2 million federal civil workers, only 4,000 are presidential appointees. The vast majority, made up of career bureaucrats, continue in their roles from one administration to the next. This continuity is facilitated by rules that make it exceedingly difficult to discipline or replace them, resulting in a bureaucracy that tends to lean left politically.
Union Political Affiliation: A striking 95% of unionized federal employees who donate to political candidates support Democrats, according to Open Secrets, with only 5% favoring Republicans. This significant political skew among federal workers raises questions about the potential for political bias in the execution of government policies.
Obstructionism and Challenges for GOP Presidents: Some career bureaucrats have been accused of obstructing Republican presidents’ agendas, leading to policy delays and challenges. For example, during the Trump administration, career lawyers in the Department of Justice’s Civil Rights Division declined to challenge Yale University’s discrimination against Asian American applicants, prompting Trump to seek legal counsel from other divisions. The case was subsequently dropped when Joe Biden took office.
Biden’s Countermeasures: President Biden has taken steps to protect the bureaucracy’s status quo. In October 2020, Trump issued an executive order aiming to reclassify federal workers who make policy as at-will employees, but Biden canceled it upon taking office.
Proposed Rule and Congressional Actions: The rule unveiled by the Biden administration seeks to further impede a president’s ability to reinstate Trump’s order. Additionally, some Democrats in Congress are pushing to eliminate the president’s authority to reclassify jobs entirely. This has been referred to as an attempt to “Trump-proof the federal workforce.”
Republican Candidates’ Pledge: GOP candidates such as President Donald J Trump, Vivek Ramaswamy, and Ron DeSantis have pledged to address this issue. According to reports from Fox News, Ramaswamy has gone further, advocating for the elimination of half or more of civil service positions, emphasizing the need for accountability.
Debate on the Merit of the Civil Service: While Democrats and their media allies argue that civil service protects merit over patronage, critics contend that the system has evolved into a form of job security for federal workers with minimal accountability. Federal employees often receive higher salaries and more substantial benefits than their private-sector counterparts.
In summary, the Biden administration’s proposed rule and broader actions to protect the federal bureaucracy have sparked a debate over the role of career bureaucrats in shaping government policy.
Republican candidates are vowing to address these concerns, highlighting the need for accountability and ensuring that government agencies work in alignment with the elected president’s agenda. This ongoing debate raises important questions about the relationship between the bureaucracy and the democratic process in the United States.
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