Government,
9th U.S. Circuit Court of Appeals
Apr. 27, 2022
9th Circuit will reconsider California ban on private prisons
California will be opposed by the Biden administration, whose Justice Department filed a brief asking that the state’s petition be denied because Congress has given the Department of Homeland Security broad discretion to use private prisons to house detainees.
The 9th U.S. Circuit Court of Appeals will reconsider en banc a three-judge panel decision that ruled a California statute that phases out all private prisons is preempted by federal law.
The court vacated the panel decision following a vote by the court’s active judges, according to a Tuesday order by Chief Judge Mary H. Murguia. The Geo Group Inc. et al. v. Newsom, 20-56172 (9th Circ., filed Nov. 6, 2020).
The...
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