Supreme Court Rules Against Delaying the Release of Nearly 10,000 State Prison Inmates in Califormia

No delay of prisoner release

SCOTUS Blog - The Supreme Court, over three Justices’ dissents, on Friday afternoon refused to delay a lower court order requiring California state prisons to release nearly 10,000 inmates by the end of this year, to relieve overcrowding. In an order containing no explanation, the Court majority denied state officials’ plea to keep the release order on hold until it could be challenged on appeal. The Supreme Court’s ruling did not even mention state officials’ plea to grant full-scale review of the order.

Justice Antonin Scalia, in a bitterly worded dissent joined by Justice Clarence Thomas, called the three-judge District Court’s release mandate a “terrible injunction” that will have the grave consequence of releasing many dangerous prisoners. Justice Samuel A. Alito, Jr., noted simply that he would grant a postponement.

The Scalia dissent condemned what he called “the Power of the Black Robe” in broadly expanding judicial power, and then hinting at limitations “that make it seem not so bad.” He was referring to the Court’s ruling in this same case, two years ago, suggesting that the state might seek and get some relief from an earlier release order. “Comes the moment of truth,” Scalia wrote, “the hinted-at limitation proves a sham.” The District Court judges, he suggested, have now called the Court’s earlier “bluff” and ordered further releases.   More