Appeals court stays Schwarzenegger contempt case

AP via SFGate ^ | 11/7/8

[SmithL]

San Francisco, CA (AP) -- A federal appeals court is delaying a contempt hearing over Gov. Arnold Schwarzenegger's refusal to pay the first installment to upgrade inmate medical care.

The 9th U.S. Circuit Court of Appeals acted moments after a federal judge in San Francisco denied the administration's motion for a stay and ordered the contempt hearing to begin next week.

The appeals court ruling delays a contempt citation for Schwarzenegger and state Controller John Chiang at least until January by the time legal arguments are filed with the court.

U.S. District Judge Thelton Henderson had ordered the state to pay $250 million by Friday to design seven prison medical and mental health centers. A court-appointed receiver wanted the money as the first payment toward building the $8 billion centers.

The state would have had to pay the money just as legislators reconvene to grapple with an $11.2 billion budget deficit.

[SmithL]

A surprise from the 9th.

[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

[Clock King]

Courts have too much power. How you gonna pay $8B when there is no money. How would they pay their workers?

[goldstategop]

Hopefully, the Nine Circus will tell Henderson he overstepped his authority. A federal judge has no authority to either run a state prison system or to order another sovereign unit of government to pay him anything. Its called the 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

[Sir Francis Dashwood]

Send the state police to arrest the judge at home for fraud and extortion, throw him in jail.

[SmithL]

I’m good with that.

[Foolsgold]

Why did the idiots pass over 50 bILLION in new bond issues and spending, when we can't afford to pay attention in Ca?
San Diego has had a minimum 1 BILLION Bond issue for the Schools every election cycle for the past 16 years that I know about, the schools are still broken both in structure and quality

[NinoFan]

1 billion every election, seriously? That’s almost unfathomable.

[Foolsgold]

This last one (2.1B) will not cost any money “they” said because they will just extend the payments from a bond issue 1986, the one before was “we need to pass a 1 billion dollar bond in order to get matching funds from the state