SCOTUS speaks on racial segregation in prison

Lyle Denniston at SCOTUSblog has here the key highlights of today’s Supreme Court ruling in Johnson v. California, No. 03-636 (S. Ct. Feb. 23, 2005) (syllabus here), which addresses the constitutionality of the California Department of Corrections’ unwritten policy of racially segregating prisoners as they enter a new correctional facility.  The Court holds that strict scrutiny is the applicable standard and then remands.

Though the Johnson decision will be of interest mostly to folks concerned with corrections and/or equal protection doctrine, a quick skim reveals notable dicta in all the Johnson opinions.  Especially catching my eye is Justice O’Connor’s statement for the majority that the CDC’s rule must be subject to strict scrutiny or else the Court “would undermine our ‘unceasing efforts to eradicate racial prejudice from our criminal justice system.’  McCleskey v. Kemp, 481 U.S. 279, 309 (1987).”  (I trust my students will appreciate the irony of citing to and quoting from McClesky for this proposition.)