Schwarzenegger v. Plata (09-1233)
argument 09-1233Schwarzenegger v. Plata
Supreme Court of the United States
1h 20m
6 speakers
8 chapters
transcribed 4 days ago
official recording ↗
Transcript
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What is the Supreme Court reviewing in the Schwarzenegger v. Plata case?
zero nine twelve thirty three, Schwarzenegger versus Plata and the related cases. Mr Phillips?
Thank you, Mr Chief Justice, and may it please the court What this Court has under review today is an extraordinary and unprecedented Order issued by a three judge district court requiring the release of between thirty-six thousand and forty-five thousand inmates currently incarcerated. in the California penal system. within a two year period. Uh the order in this particular case is made uh particularly remarkable because it strikes me that at at a minimum it is extraordinarily premature. That it may come at some point in this process that a an order probably substantially smaller in scope than this one may become appropriate. But if this is supposed to be an order or a remedy of last resort What the district court has done here is leapfrogged a series of steps that should have been taken ahead of uh going this particular route.
Yes, that's correct, Justice Ginsburg.
So Seems to me Uh. And there was something like seventy orders. From the district court, the single judge district court in that case. That's absolutely
true, Justice. And no no
no change. So how much longer do we have to wait? Another twenty years? No, Justice
Ginsberg, I think obviously the length of time you have to wait in some ways depends on what the state of the remedial phase is in the particular case. And and in this case, and in recognition, frankly, of the substantial problems that were inherent in the in the No. penal system as it existed during the nineteen nineties and up until the early two thousands A receiver was appointed, specifically in the Plata class, but there was also connections between the receiver and the special master, even in the Coleman class, before the three judge panel was convened. And under those circumstances, and given the extraordinary powers that the receiver had had been accorded, What should have the the most logical course, if this is supposed to be a remedy of last resort, was to allow the receiver an opportunity to implement the extraordinary powers that were conferred upon him and then see because if it turns out that we aren't making progress.
Excuse me. Uh could you tell me uh uh and from your briefs, I just haven't understood what the alternative steps are. Yeah. Court below talked about some proposals like construction and said the legislature has struck them down. Um there's the fiscal crisis has gotten worse, so construction is really not an option. I don't see how you wait for an option that doesn't exist. They talked about hiring more staff. But the conclusion was That even if you maximize the staff You don't have the facilities to add more staff, which is what you need to cure the constitutional violation. So tell me what specific steps outside of this order should have been given time to be implemented. Because the receiver has basically said
I've tried. And the small progress we made um has been reversed because the population just keeps growing, so we can never get ahead of the problem. So so slow down from the rhetoric. And give me concrete. details about what the least restricted means would have been, other than to say, throw it back to a receiver and special master who are saying We don't have a solution.
I don't think that's a fair characterization of what the receiver said. The receiver said that at any population he would in fact get you to
Years ago. La if that's all you're relying on. Tell me give me concrete steps that are least less restrictive.
Well if you f all you have to do is look at what the receiver has done over the course of the period of time since his appointment, and particularly when the second receiver was put in place. First of all, A B nine hundred has been enacted. There is significant construction. There has been ground broken. There are substantial facilities in place. Second, the receiver has had extraordinary success in the hiring process. There we are close to ninety percent.
What this case was all about was the receiver has said the special master has said.
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Chapters
8 chapters
1
What is the Supreme Court reviewing in the Schwarzenegger v. Plata case?
0:01–9:29
2
How does the Court evaluate whether the district court’s order was premature?
9:29–18:21
3
Why is overcrowding considered the primary cause of the constitutional violations?
18:21–28:14
4
What alternative remedies did the parties propose before the three‑judge panel?
28:14–39:13
5
How have prison population numbers changed and what impact does that have on the remedy?
39:13–50:33
6
What role does construction funding and the receiver’s plan play in achieving compliance?
50:33–59:45
7
How might a two‑year versus a five‑year timeline affect public safety and crime rates?
59:45–1:10:51
8
What are the final arguments about the adequacy and narrowness of the release order?
1:10:51–1:21:17