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JOHNSON v. CALIFORNIA

No. 03-636.

543 U.S. 499 (2005)

125 S.Ct. 1141

160 L.Ed.2d 949

JOHNSON v. CALIFORNIA ET AL.

Supreme Court of United States.

Decided February 23, 2005.

Attorney(s) appearing for the Case

Bert H. Deixler argued the cause for petitioner. With him on the briefs were Charles S. Sims, Lois D. Thompson, and Tanya L. Forsheit.

Acting Solicitor General Clement argued the cause for the United States as amicus curiae urging reversal. With him on the brief were former Solicitor General Olson, Assistant Attorney General Acosta, David B. Salmons, David K. Flynn, and Tovah R. Calderon.

Frances T. Grunder, Senior Assistant Attorney General of California, argued the cause for respondents. With her on the brief were Bill Lockyer, Attorney General, Manuel M. Medeiros, Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, and Sara Turner, Supervising Deputy Attorney General.*

JUSTICE O'CONNOR delivered the opinion of the Court.

The California Department of Corrections (CDC) has an unwritten policy of racially segregating prisoners in double cells in reception centers for up to 60 days each time they enter a new correctional facility. We consider whether strict scrutiny is the proper standard of review for an equal protection challenge to that policy.

I

A

CDC institutions...

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