High court rejects challenge to Calif. prison plan

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Source: Don Thompson, Associated Press

(01-19) 10:52 PST Sacramento, Calif. (AP) --

The Supreme Court on Tuesday rejected California's challenge to a preliminary court order forcing the state to reduce its prison population, setting up the state's appeal of a final order issued last week.

The administration will file its next appeal Tuesday, said Andrea Hoch, Gov. Arnold Schwarzenegger's legal affairs secretary.

In a short ruling, the justices said they will not consider a tentative ruling issued by a special judicial panel in August. The three-judge federal panel had ruled that reducing the state's prison population by about 40,000 inmates over two years is necessary to improve medical and health care throughout the state's 33 adult prisons.

The nation's high court said in a one-paragraph decision that it will await the state's appeal of the final order. The lower court put its inmate-release order on hold awaiting the Supreme Court's final decision.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/01/19/national/w070538S15.DTL