Appeals for the Conference of 1.15.10

Earlier today we listed the cert. petitions that Tom deems to have a reasonable chance of being granted at tomorrow’s conference.  In addition, we’re noting that the appeals below the jump are pending and will be considered at the conference as well.

Docket: 09-416; 09-553
Title: Schwarzenegger v. Plata; California State Republican Legislator Intervenors v. Plata
Issues: (1) Whether the court below clearly erred when it found that prison “crowding is the primary cause of the violation of a Federal right,” 18 U.S.C. § 3626(a)(3)(E)(i), and whether it was error for the court below to apply the legal definition of “primary
cause” urged by the State appellants; (2) whether, after finding that prison
overcrowding is the primary cause of the constitutional violations, and that reducing crowding is a prerequisite to remedying the violations, the court below clearly erred by ordering the State to develop a plan to reduce the prison population; and (3) whether the single judge courts in Plata v. Schwarzenegger and Coleman v. Schwarzenegger clearly erred when they found that the factual predicates had been satisfied for establishing a three-judge district court pursuant to the Prison Litigation reform Act (“PLRA”), 18 U.S.C. § 3626 (1996).

• Opinion below (U.S. District Courts for the Eastern and Northern Districts of California)
• Supplemental brief of appellants (09-416)
• Supplemental brief in support of appellees (09-416)
• Second supplemental brief of appellants (09-416)
• Joint motion to dismiss or affirm appeal of State defendants (09-416)
• Brief opposing joint motion (09-416)
• Jurisdictional statement (09-553)
• Joint motion to dismiss or affirm appeal of defendant-intervenors (09-553)
• Appellee intervenor California Correctional Peace Officers’ Association’s motion to dismiss or affirm (09-416; 09-553)
• Response to motions to dismiss or affirm (09-553)

[Note: Akin Gump (San Francisco office) represents the appellants in 09-553.]