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The California Prison Case

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The U.S. Supreme Court has scheduled for its January 15 conference its consideration of the jurisdictional statement in the California prison case, Schwarzenegger v. Plata, No. 09-416. There is very little to decide, as this is one of those rare cases where Congress has provided for an appeal rather than a writ of certiorari. It is not in the Court's discretion to take it or not. If they have jurisdiction, they have to take it. Howard Mintz has this story in the San Jose Mercury-News.

They probably want to take it anyway, though. On Sept. 11, they denied a stay but added this unusual note: "In denying the stay, the Court takes note of the fact that the three-judge district court has indicated that its final order will not be implemented until this Court has had the opportunity to review the district court's decree."

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