Earlier today we listed the cert. petitions that Tom deems to have a reasonable chance of being granted at tomorrow’s conference. In addition, we’re noting that the appeals below the jump are pending and will be considered at the conference as well.
Docket: 09-416; 09-553
Title: Schwarzenegger v. Plata; California State Republican Legislator Intervenors v. Plata
Issues: (1) Whether the court below clearly erred when it found that prison “crowding is the primary cause of the violation of a Federal right,” 18 U.S.C. § 3626(a)(3)(E)(i), and whether it was error for the court below to apply the legal definition of “primary
cause” urged by the State appellants; (2) whether, after finding that prison
overcrowding is the primary cause of the constitutional violations, and that reducing crowding is a prerequisite to remedying the violations, the court below clearly erred by ordering the State to develop a plan to reduce the prison population; and (3) whether the single judge courts in Plata v. Schwarzenegger and Coleman v. Schwarzenegger clearly erred when they found that the factual predicates had been satisfied for establishing a three-judge district court pursuant to the Prison Litigation reform Act (“PLRA”), 18 U.S.C. § 3626 (1996).
[Note: Akin Gump (San Francisco office) represents the appellants in 09-553.]
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