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Civil Litigation,
9th U.S. Circuit Court of Appeals

Nov. 18, 2021

AG seeks en banc review of ruling against state’s private prison ban

President Donald Trump’s administration and the private prison company Geo Group Inc. sued to block the law. Both complaints argued AB 32 violated the supremacy clause of the U.S. Constitution and discriminated against the federal government, violating the intergovernmental immunity doctrine.

Attorney General Rob Bonta asked the 9th U.S. Circuit Court of Appeals for an en banc review in a challenge to a state law that banned contracts with private prisons.

"The record is clear. For-profit private prisons and detention facilities are incongruent with that commitment to safety," Bonta said during a live-streamed news conference on Wednesday. "As the lead author of this law in the Assembly, I'm proud to be able to defend this law....

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