Government,
Constitutional Law
Jan. 27, 2020
US suit over California private prisons law could be first impression case
However, Erwin Chemerinsky, dean of UC Berkeley School of Law, said, “There is no express preemption provision. As for implied preemption, there is no conflict between federal law and state law.
The U.S. government’s suit to halt enforcement of a new law that phases out the use of private prisons in California could be a case of first impression on the issue of preemption, or have no effect at all, according to reactions from attorneys.
Several government agencies stated in the complaint filed Friday in federal court in San Diego the new law would cripple their operations.
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