In a 29-page request before the U.S. Ninth Circuit Court of Appeals, Harris and other state attorneys call on the appeals court to stay the procedure for Michelle-Lael Norsworthy, who’s incarcerated at Mule Creek State Prison in Ione, Calif., for second-degree murder.
“There is no evidence that irreversible treatment is immediately necessary before this appeal can be heard and the factual record can be fully developed in a proceeding on remand,” the request states. “On the other hand, the record demonstrates that the Defendants will be irreparably injured if the district court’s order stands and surgery goes forward because the case will effectively become moot, precluding appellate review.”
Last month, U.S. District Jon Tigar ordered the California Department of Corrections & Rehabilitation to grant Norsworthy the procedure on the basis that withholding it constituted cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution.
In addition to filing a notice of appeal, Harris requested a stay with the district court to halt the order as the litigation continues, but Tigar denied the request. In the aftermath of the judge’s refusal, Harris is now taking up the matter of a stay with the Ninth Circuit.
It remains to be seen whether the action will be politically harmful for Harris, who has a reputation for being a champion of LGBT rights, as she seeks the Democratic nomination to become the next U.S. senator for California in the 2016 election.
A Harris spokesperson referred comment to the governor’s office and the California Department of Corrections & Rehabilitation. The agency had no additional comment.