Dan Walters: Prison health battle could be a legal epic

Sacramento Bee ^ | 10/8/8 | Dan Walters

[SmithL]

The conflict between California and federal judges over operation of the 170,000-inmate prison system could evolve into one of those epic legal struggles that involve bedrock constitutional principles and wind up in an historic Supreme Court decree.

Or not.

While some conservative Republicans contend that the state should strenuously resist the creeping judicial takeover of the prison system, even defying a judge's orders, Gov. Arnold Schwarzenegger and most Democrats are just pleading for more time to comply.

By the same token, federal Judge Thelton Henderson scolded state officials this week for not complying with demands from receiver J. Clark Kelso for money Kelso says is needed to upgrade prison health care but stopped short of holding those officials in contempt, which would be the next step.

Kelso wants $250 million immediately as a down payment on as much as $8 billion to build new prison health facilities, with another $3 billion by next year. "He needs the money to run it and improve it," Henderson said as he repeatedly dismissed objections from the state's attorney.

Legislation that would comply with Kelso's demand stalled as lawmakers wrestled with an overdue, deficit-ridden state budget and the Legislature left Sacramento last month without passing the prison bill – largely because Republicans refused to provide enough votes.

"They're not even starting, they're not even on the road where I want to go," Henderson said of reluctant lawmakers.

[SmithL]

Black Robed Tyrant!

[SmithL]

Henderson, Thelton Eugene

Born 1933 in Shreveport, LA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by Jimmy Carter on May 9, 1980, to a seat vacated by Cecil F. Poole; Confirmed by the Senate on June 26, 1980, and received commission on June 30, 1980. Served as chief judge, 1990-1997. Assumed senior status on November 28, 1998.

Education:
University of California, Berkeley, B.A., 1956

University of California, Berkeley, Boalt Hall School of Law, J.D., 1962

Professional Career:
U.S. Army Corporal, 1956-1958
Attorney, Civil Rights Division, U.S. Department of Justice, 1962-1963
Private practice, Oakland, California, 1964-1966
Directing attorney, East Bayshore Neighborhood Legal Center, East Palo Alto, California, 1966-1969
Assistant dean, Stanford Law School, 1968-1977
Private practice, San Francisco, California, 1977-1980
Associate professor, Golden Gate University School of Law, 1978-1980

Race or Ethnicity: African American

Gender: Male

Bibliography

[mainestategop]

Jimmah Carter! You magnificent bastard! Not even Clinton could have out done you in nominating such leftist sewage.

Then again, Ruth bader Gingsburg comes to mind.

[DoughtyOne]

The prison system should sign contracts with local hospitals. They should send a team each time a prisoner needs to go to the hospital.

That shouldn’t cost the state $8 billion dollars.

Good grief! $8 billion dollars?

[goldstategop]

California should say NO! A federal judge has NO business running the state prison system and ordering the state government to give him money. He's usurped the separation of powers doctrine. What Henderson is doing is flatly unconstitutional!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus