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This order, the latest intrusion by the federal judiciary into California’s prison system, is a blunt instrument that does not recognize the imperatives of public safety, nor the challenges of incarcerating criminals, many of whom are deeply disturbed.
There is no doubt that there is room for improvement. But significant progress has been made and is continuing to be made at a cost of billions.
The court’s tentative ruling is not constitutionally justified. Therefore, the state will appeal directly to the U.S. Supreme Court when the final order is issued.
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