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Headline: "Federal judge orders sex-reassignment surgery for Mass. prisoner." And "prisoner" is perhaps less descriptive than "convicted murderer serving life sentence without possibility of parole."

(I actually talked about an earlier iteration of this litigation in my 2008 critique of civil Gideon: when this is what BigLaw firms are expending "pro bono" resources on, it is obscene to demand taxpayers subsidize other civil litigation because some cannot afford attorneys. The law firm apparently has put another four years into the case since.)

Actually, some comment is needed. If regular citizens can't get taxpayer-paid sex-reassignment surgery, but convicted murderers can, is this a good incentive structure? And keep an eye out for whether Bingham McCutcheon asks for attorneys' fees.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


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The Manhattan Insitute's Center for Legal Policy.