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Supplemental Brief in Plata

On Friday, counsel for the Governor of California asked leave to file a supplement brief in Brown v. Plata, the prisoner release case.  The very brief supplemental brief merely advises the Court of further legislative developments.  AB109, recently enacted, will make a major shift of inmates from state prison to county jail.  (Of course, the jails have no room, so the felons will either be further shifted to the street or displace other crooks from jail to the street, a dollar savings to the state government paid in the blood of innocent people.)  The brief contains no argument on the implications of this for the case, but the Court should understand that it further aggravates the panel's error in failure to consider changes between the time the individual judges called for the three-judge court and the time the three-judge court issued its injunction.

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