De facto punishment of transgender individuals in the penal system.

[Chan790]

47. I know prejudice exists...

but I fundamentally have issue with the notion, central to Barstow's argument, that inmates have entitlement to choice in the conditions and terms of their incarceration. They absolutely do not.

His entire argument comes down to a "right to choose" (specifically, to make certain life decisions) that inmates don't have. If there is prejudice (and there is) it is singularly the concern and responsibility of the state as the sole choice-making entity to address. They've done that, using solitary where necessary and segregated units wherever possible (and the latter is substantially more common that the former), in a manner that Barstow disagrees with...which does not invalidate that the responsibility to be a good actor as the empowered entity in incarceration decisions has been fulfilled by the state's action.

To put it more simply...his central premise lacks merit and without it his larger argument comes apart like a house of cards.