Foreword: "separate but equal" in prison: Johnson v. California and common sense racism.

From: Journal of Criminal Law and Criminology | Date: March 22, 2006| Author: | Copyright information

INTRODUCTION

How could the Ninth Circuit Court of Appeals--reputed to be the nation's most liberal federal appellate court (1)--reject a constitutional challenge to "separate but equal" housing of blacks and whites (2) in prison reception centers? "Common-sense," replied the circuit court in Johnson v. California. (3) It did not matter that the ruling invited comparison to Plessy v. Ferguson, (4) which upheld the Jim Crow laws of the post-Reconstruction South. (5)

When considering Johnson v. California, the Ninth Circuit had before it the most "illiberal" practice: the ...

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