State prison segregation ruling [US SC] News
State prison segregation ruling [US SC]

Johnson v. California, Supreme Court of the United States, February 23, 2005 [ruling 5-3 that state prisons cannot temporarily segregate inmates by race, except in the most extraordinary circumstances]. Excerpt from the majority opinion by Justice O'Connor:

The fact that strict scrutiny applies "says nothing about the ultimate validity of any particular law; that determination is the job of the court applying strict scrutiny." Adarand, supra, at 229-230. At this juncture, no such determination has been made. On remand, the CDC will have the burden of demonstrating that its policy is narrowly tailored with regard to new inmates as well as transferees. Prisons are dangerous places, and the special circumstances they present may justify racial classifications in some contexts. Such circumstances can be considered in applying strict scrutiny, which is designed to take relevant differences into account.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.