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High court rejects challenge to California prison plan - USA - law - California - Supreme Court

High court rejects challenge to California prison plan

SACRAMENTO, Calif. -- The Supreme Court on Tuesday rejected California's challenge to a preliminary court order forcing the state to reduce its prison population, setting up the state's appeal of a final order issued last week.

DON THOMPSON | The Washington Post | Published: 01/20/2010 06:06

The administration immediately filed its next appeal Tuesday, arguing that the lower court violated a federal law limiting judges' power in inmate rights cases.

In a short ruling, the justices said they will not consider a tentative ruling issued by a special judicial panel in August. The three-judge federal panel had ruled that reducing the state's prison population by about 40,000 inmates over two years is necessary to improve medical and health care throughout the state's 33 adult prisons.

The nation's high court said in a one-paragraph decision that it will await the state's appeal of the final order. The lower court put its inmate-release order on hold awaiting the Supreme Court's final decision.

"The U.S. Supreme Court's decision today is a win for the state because it guarantees there will be no early release of prisoners while the three-judge panel's latest order is appealed," Andrea Hoch, Gov. Arnold Schwarzenegger's legal affairs secretary, said in a statement. She said it was no surprise that justices opted to wait and consider the entire case. "We fully expect the U.S. Supreme Court to overturn the three-judge panel's prisoner release order."

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