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.
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