<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Does Prison Decision Violate States&#039; Rights?	</title>
	<atom:link href="https://calwatchdog.com/2011/05/25/does-prison-decision-violate-states-rights/feed/" rel="self" type="application/rss+xml" />
	<link>https://calwatchdog.com/2011/05/25/does-prison-decision-violate-states-rights/</link>
	<description></description>
	<lastBuildDate>Wed, 25 May 2011 19:59:27 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: Rogue Elephant		</title>
		<link>https://calwatchdog.com/2011/05/25/does-prison-decision-violate-states-rights/#comment-5147</link>

		<dc:creator><![CDATA[Rogue Elephant]]></dc:creator>
		<pubDate>Wed, 25 May 2011 19:59:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=18097#comment-5147</guid>

					<description><![CDATA[I didn&#039;t read Scalia&#039;s dissent so much as an assertion of state&#039;s rights, but as an assertion of separation of powers.  &quot;I dissent because the institutional reform the District Court has undertaken violates the terms of the governing statute,&quot; says Scalia (so far, so good), &quot;[It] ignores bedrock limitations on the power of Article  III judges,&quot; he continues (implicating separation of powers), &quot;And takes federal courts wildly beyond their institutional capacity&quot; (colorably implicating federalism)

I hung more meaning on the Article III argument. Here, is arguing that the judicial branch (Article III of the Constitution) is overstepping its bounds by trampling the prerogatives of the &quot;political&quot; branches (the legislature and executive).  This is a dangerous precedent, indeed, that threatens not only separation of powers, but the independence of the judiciary (by threatening backlash against it).

I lent less weight to the federalism argument because the statute at issue implicates the 8th Amendment prohibition against cruel and unusual punishment. And, there is Constitutional jurisprudence that imposes a burden on the state when it holds individuals captive (where they are not free to protect themselves or seek medical assistance).

The analysis then turns to the statute, where Scalia argues (rightly, it seems) that the majority went beyond the plain language of the statute.]]></description>
			<content:encoded><![CDATA[<p>I didn&#8217;t read Scalia&#8217;s dissent so much as an assertion of state&#8217;s rights, but as an assertion of separation of powers.  &#8220;I dissent because the institutional reform the District Court has undertaken violates the terms of the governing statute,&#8221; says Scalia (so far, so good), &#8220;[It] ignores bedrock limitations on the power of Article  III judges,&#8221; he continues (implicating separation of powers), &#8220;And takes federal courts wildly beyond their institutional capacity&#8221; (colorably implicating federalism)</p>
<p>I hung more meaning on the Article III argument. Here, is arguing that the judicial branch (Article III of the Constitution) is overstepping its bounds by trampling the prerogatives of the &#8220;political&#8221; branches (the legislature and executive).  This is a dangerous precedent, indeed, that threatens not only separation of powers, but the independence of the judiciary (by threatening backlash against it).</p>
<p>I lent less weight to the federalism argument because the statute at issue implicates the 8th Amendment prohibition against cruel and unusual punishment. And, there is Constitutional jurisprudence that imposes a burden on the state when it holds individuals captive (where they are not free to protect themselves or seek medical assistance).</p>
<p>The analysis then turns to the statute, where Scalia argues (rightly, it seems) that the majority went beyond the plain language of the statute.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>

<!--
Performance optimized by W3 Total Cache. Learn more: https://www.boldgrid.com/w3-total-cache/


Served from: calwatchdog.com @ 2026-04-20 00:52:12 by W3 Total Cache
-->