Schwarzenegger appeals order in contempt case

AP via SFGate ^ | 10/31/8 | DON THOMPSON - Associated Press Writer

[SmithL]

The Schwarzenegger administration is appealing a federal judge's order in a growing battle between state sovereignty and inmates' constitutional rights.

The administration is asking the 9th U.S. Circuit Court of Appeals to block Monday's order by U.S. District Judge Thelton Henderson. Henderson gave the state until next Wednesday to pay $250 million to design seven new prison medical facilities.

The state on Friday also planned to ask Henderson to postpone a mid-November hearing he scheduled to consider finding Gov. Arnold Schwarzenegger and state Controller John Chiang in contempt of court if they don't turn over the money.

[SmithL]

9th Circus?

Good Luck with That!

[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

[WilliamofCarmichael]

Henderson gave the state until next Wednesday to pay $250 million. . . .

A local radio (Sacramento) news item just reported that the state is short ten billion dollars already just one month after getting a budget passed (three months overdue) that was originally twenty billion dollars short. I guess that it was actually thirty billion dollars short.

Next July for fiscal 2010 the expected budget shortage starts off at twenty-five billion dollars short. . . .

[calcowgirl]

... the state is short ten billion dollars ... originally twenty billion dollars short ... actually thirty billion dollars short

I'm short about a million or two. I'd like a new house, car, more money for travel, etc. Anybody wanna help? Once I use up those dollars, I'm sure I'll find something else I want and I'll be short again. But I'll worry aboutt that when the day comes.

[goldstategop]

They should just refuse to pay. Henderson can try to send in federal marshals. He has no authority to order a state to pay him anything. Its called separation of powers!

"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

[newzjunkey]

With that background it’s no wonder he’s sided with the prisoners.