Supreme Court Says 'No' to Racially Segregated Prisons
The Supreme Court has ruled in Johnson v. California, that California must discontinue its policy of segregating prisoners by race for 60 days upon arrival unless it can show it passes a strict scrutiny test and there is a compelling reason for it.
State prisons cannot temporarily segregate inmates by race except under the most extraordinary circumstances, the Supreme Court said today, all but ending a long-standing California policy aimed at reducing gang-related violence. As a result, the 9th U.S. Circuit Court of Appeals must now scrutinize the 25-year-old policy for hard evidence that it is necessary and works — a burden that will be hard to meet.
In order to justify the policy, there has to be a "compelling reason." Many inmates, including some of my clients across the racial spectrum, probably would tell you that staying alive is a pretty compelling reason.
More on the ruling:
At issue was an unwritten California policy requiring officials to automatically bunk inmates by race for the first 60 days after their arrival. After an evaluation for dangerousness, inmates are then assigned to a permanent cell on a nonracial basis. Inmates are separated again by race when they transfer to a new facility.
The suit was brought by a black inmate. The Bush administration supported his position. Interesting, that it was Clarence Thomas and Anton Scalia who dissented:
In a dissenting opinion, Justice Clarence Thomas argued that judgments about whether race-based policies are necessary "are better left in the first instance to the officials who run our nation's prisons."
"The majority is concerned with sparing inmates the indignity and stigma of racial discrimination. California is concerned with their safety and saving their lives," Thomas wrote. He was joined by Justice Antonin Scalia.
In a separate dissent, Justice John Paul Stevens argued "that the prison segregation should be declared outright discriminatory without opportunity for further review."
The case addressed only the 60 day assignment by race imposed upon arrival. But, given this language, it probably applies to much more:
"It is not readily apparent," the majority said, "why, if segregation in reception centers is justified, segregation in the dining halls, yards, and general housing areas is not also permissible."
ScotusBlog has more on the ruling.
Update: Were California officials truthful in telling the Supreme Court this only applied to the first 60 days? And what about Nevada, which has a segregationist inmate housing policy at one of its prisons.
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