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Barring Out-of-State Prisoner Placements, Part III

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The three-judge court's latest injunction ... like the court's other recent actions, disregards the law and the role of the judiciary. The three-judge court ignored this Court's [the U.S. Supreme Court's] mandate in Plata, this Court's cases governing modification of injunctive relief, and the public safety implications that the [Prison Litigation Reform Act] requires it to consider.....

The three-judge court's latest injunction underscores that its orders no longer have anything to do with ensuring that inmates in two discrete classes receive health care that satisfies the Eighth Amendment--which is what these cases should be about. Nor are they concerned with meeting the 137.5% of prison design capacity population cap, which purportedly is designed to cure care that violates the Eighth Amendment. Rather, the court's interest appears to be in legislating criminal justice policy by reducing the prison population through outright releases of inmates that it--and Appellees' counsel [footnote citing L.A.Times article quoting Don Specter]--do not believe should be incarcerated. See Appellants' Supp. App. 2-3 (agenda for meet-and-confer includes discussion of releases of certain categories of inmates the State already has shown would present public safety risks). [Emphasis added.]

Whew!  Reads like something Bill Otis might have written.  Who did write it?

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Gads. I think this means I have to sit in the corner.

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