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Constitutional Law

Sep. 27, 2022

State ban on private prisons violates Supremacy Clause, Circuit rules

California’s law was sponsored by Attorney General Rob Bonta when he was a state legislator and signed into law by Gov. Gavin Newsom in 2019.

A California law phasing out privately-operated federal immigration detention facilities in the state runs afoul of the Supremacy Clause, a 9th U.S. Circuit Court of Appeals en banc panel ruled Monday.

The 8-3 vote was backed by judges appointed by presidents of both parties and reversed a ruling by U.S. District Judge Janis L. Sammartino of San Diego that sided with the state. The Geo Group Inc. et al. v. Newsom et al., 2022 DJDAR 10195 (...

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