I must reluctantly support the United States Department of Justice's lawsuit against California's A.B. 32, which bans all private prisons in California

The above link is to the complaint by the Federal Government.

A similar complaint, filed by prison contracting companies, seeks the same object. Likely the two lawsuits will be combined in Federal Court.

I do strongly support the elimination of all private prisons in the United States. However, as far as that relates to the Federal Government, only Congress can accomplish that goal, the several States cannot foist it upon the Federal Government.

California’s A.B. 32 would ban all private prisons in California and would ban private prison corporations from operating in California, including those run by or for the Federal Government. This clearly violates the Supremacy Clause of the Constitution.

I fully, though reluctantly, support this lawsuit. While I agree with the object of A.B. 32, it is clearly unconstitutional.

This lawsuit would only enjoin A.B. 32 as it relates to the Federal Government and contractors working on behalf of the Federal Government. It will not interfere in anyway with California shutting down private prisons operating on behalf of the State of California or localities.

So profit isn’t everything, eh?

Interesting case. I agree with your assessment and your thoughts on prisons for profit.

I never said profit was an absolute. I said it was a basis to determine whether a service is rational to provide.

Because there is a demand for prisons, it is obviously profitable to run them privately.

But that is not necessarily a determinant that they SHOULD be run privately.

Private prisons create a perversion in the Justice system, since of course the more prisoners there are, the more profitable the prisons will be.

I oppose private prisons on THAT basis. Not on the basis of economics.


So public services should not be judged only by their economics? I agree.

I agree also.

Just to be sure (re: AMTRAK) I think that it should be a significant determinant.