January 20, 2010
High Court rejects state’s prisons edict appeal
The U.S. Supreme Court rejected the Schwarzenegger administration's attempt Tuesday to dismantle a judicial panel that wants California to improve inmate health care by making its prisons less crowded, but set the stage for a possible ruling on the panel's authority to lower the prison population.
The high court's brief order agreed with inmates' lawyers that the state had acted prematurely in appealing an August 2008 ruling by a three-judge panel. That ruling found that overcrowding in the state's 33 prisons, which hold nearly twice their designed capacity of 80,000, was the chief cause of a medical care system that violates the constitutional ban on cruel and unusual punishment.
The panel ordered the administration to submit a plan that would reduce the inmate population by 40,000 in two years. State lawyers appealed, arguing that the panel was illegally established, had exaggerated the health care problems and misidentified their cause, and lacked authority to order prisoner releases…
LINK - SFGate.com (San Francisco Gate)
