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En Banc Review Granted in Taylor
In the December, 1998, issue of PLN we reported Taylor v. United States , 143 F.3d 1178 (9th Cir. 1998). In that case, a panel of the Ninth circuit court of appeals unanimously held that 18 U.S.C. § 3626(b)(2) is unconstitutional. This provision of the Prison Litigation Reform Act allows for the immediate termination of prison and jail consent decrees.
On November 10, 1998, the Ninth circuit agreed to rehear the case en banc. There is currently a circuit split on the constitutionality of § 3626(b)(2). With the exception of the Ninth circuit, every circuit court to consider the issue has upheld the statute's constitutionality. PLN will report the outcome of the case. See: Taylor v. United States , ____F.3d. ____(9th Cir. 1998).
On November 10, 1998, the Ninth circuit agreed to rehear the case en banc. There is currently a circuit split on the constitutionality of § 3626(b)(2). With the exception of the Ninth circuit, every circuit court to consider the issue has upheld the statute's constitutionality. PLN will report the outcome of the case. See: Taylor v. United States , ____F.3d. ____(9th Cir. 1998).
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Related legal case
Taylor v. United States
| Year | 1998 |
|---|---|
| Cite | 162 F.3d 547 (9th Cir. 1998) |
| Level | Court of Appeals |
Taylor v. United States, 158 F.3d 1059 (9th Cir. 11/03/1998)
[1] U.S. Court of Appeals, Ninth Circuit
[2] Nos. 97-16069, 97-16071
[3] 158 F.3d 1059, 1998
[4] November 03, 1998
[5] EDDIE WILLIE TAYLOR, MICHAEL F.X. HOGAN, PLAINTIFFS-APPELLEES,
v.
UNITED STATES OF AMERICA, INTERVENOR-APPELLANT, AND STATE OF ARIZONA; TERRY STEWART, DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLANTS.
[6] D.C. Nos. CV-72-00021-RCB, CV-72-00058-RCB
[7] FOR PUBLICATION
[8] ORDER
[9] Before: HUG, Chief Judge.
[10] Upon the vote of a majority of nonrecused regular active Judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-Judge panel opinion, Taylor v. United States, Nos. 97- 16069, 97-16071, slip op. at 4225 (9th Cir. May 4, 1998), is withdrawn.
[1] U.S. Court of Appeals, Ninth Circuit
[2] Nos. 97-16069, 97-16071
[3] 158 F.3d 1059, 1998
[4] November 03, 1998
[5] EDDIE WILLIE TAYLOR, MICHAEL F.X. HOGAN, PLAINTIFFS-APPELLEES,
v.
UNITED STATES OF AMERICA, INTERVENOR-APPELLANT, AND STATE OF ARIZONA; TERRY STEWART, DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLANTS.
[6] D.C. Nos. CV-72-00021-RCB, CV-72-00058-RCB
[7] FOR PUBLICATION
[8] ORDER
[9] Before: HUG, Chief Judge.
[10] Upon the vote of a majority of nonrecused regular active Judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-Judge panel opinion, Taylor v. United States, Nos. 97- 16069, 97-16071, slip op. at 4225 (9th Cir. May 4, 1998), is withdrawn.