California loses appeal on state prison segregation

California loses appeal on state prison segregation
By HOPE YEN, Associated Press Writer

Wednesday, February 23, 2005


(02-23) 08:26 PST WASHINGTON, (AP) --


State prisons cannot temporarily segregate inmates by race except under the most extraordinary circumstances, the Supreme Court said Wednesday, all but ending a long-standing California policy aimed at reducing gang-related violence.


The 5-3 decision sets aside a lower court ruling in favor of California, which argued it should have wide leeway to set race-based restrictions to promote safety. As a result, the 9th U.S. Circuit Court of Appeals must now scrutinize the 25-year-old policy for hard evidence that it is necessary and works — a burden that will be hard to meet.


Racial segregation is unconstitutional unless there is a "compelling" reason, justices said.


"Racial classifications raise special fears that they are motivated by an invidious purpose," Justice Sandra Day O'Connor wrote for the majority. She was joined by Justices Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen Breyer.

more...
http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/02/23/state/n082652S45.DTL

happens when you get the Aryan Brotherhood, La Nuestra Familia, and the Black Guerilla Family all in the same yard.

I'm not a big fan of segregation in general, but in the prison system, it's worth considering on safety principles.