Appeals court OKs Schwarzenegger contempt hearing

AP vis SFGate ^ | 3/25/9 | DON THOMPSON, Associated Press Writer

[SmithL]

Sacramento, CA (AP) -- A federal appeals court says a judge can proceed with hearings to determine whether Gov. Arnold Schwarzenegger can be held in contempt for refusing to pay for improved inmate health care.

The 9th U.S. Circuit Court of Appeals on Wednesday rejected an appeal from the administration that attempted to block U.S. District Judge Thelton Henderson's hearing.

[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

[TenthAmendmentChampion]

Hastening the bankruptcy of the state.

The treasurer of California said they sold $6B in bonds yesterday. What fool bought them?

[In veno, veritas]

I think California is running a scheme where certain districts buy the another district's bonds. *POOF!!!* The money appears.

[In veno, veritas]

I think California is running a scheme where certain districts buy the another district's bonds. *POOF!!!* The money appears.

[stylin19a]

The appeals court decided the case on procedural grounds. It did not weigh in on the larger question of how far the federal government can intrude on states' control of their prisons.

seems bass-ackwards to me. How can anything be decided on it's merits until it IS decided whether someone has standing or not ?

[Islander7]

“...Nominated by Jimmy Carter...”

The long lasting effect of the Carter disaster!

[pierrem15]

It seems to me that a Fed judge cannot order any state to expend funds: those funds belong to the people of that state & not the Fed gov.

There's a real test of state sovereignty here.

[TenthAmendmentChampion]

Didn’t a judge command the Kansas City school system to spend a horrendous amount of money on palatial schools, only to face dismal failure shortly thereafter?

[pierrem15]

You're right: I had forgotten about that case.

It was a complete waste of money.

Isn't that exactly a case of 'taxation without representation'?