Federal Judges overstep the Constitution again and again
- In violation of the Constitution, Federal judges have already been dictating to California how to run the state prisons and telling the state they must spend money. In a democracy an unelected body cannot dictate spending tax money.
- Now the shark-like lawyers are looking to game the system and use Valley Fever and half-baked medical "studies" to tie the system into knots.
A Federal judge is scheduled to consider whether an airborne fungus that occurs naturally in the San Joaquin Valley presents enough of a public health danger that thousands of vulnerable state prison inmates should be moved to other locations.
Shark-like lawyers claim nearly three-dozen inmate deaths and hundreds of hospitalizations could have been caused by the fungus that causes an illness known as valley fever.
The federal court-appointed official who controls prison medical care, J. Clark Kelso, has said the problem is so severe that inmates who are particularly susceptible to the disease should be moved out of Avenal and Pleasant Valley state prisons reports the Associated Press.
A doctor hired by lawyers representing inmates' welfare went even further, saying in a sworn declaration in April that both prisons should be shut down.
FACT - Pay any "expert" witness enough money and he will insist that the sun orbits the earth.
Lawyers claim that medical studies (done by who? and don't studies often contradict each other?) have found that black, Filipino (race card!) and medically "at-risk" inmates are more vulnerable to health problems from valley fever, which is a fungal infection that originates in the region's soil. Kelso said those groups should be barred from the two prisons, which would mean transferring about 3,250 of the 8,100 inmates there.
But Gov. Jerry Brown's administration says that goes too far.
The administration has told U.S. District Judge Thelton Henderson of San Francisco in legal filings that he should wait while the issue is studied by the U.S Centers for Disease Control and Prevention and the affiliated National Institute of Occupational Safety and Health.
Moreover, the administration argues that it is impractical to move so many inmates while the state struggles to comply with another federal court order requiring it to reduce prison crowding statewide as a way to improve conditions for sick and mentally ill inmates.
Kelso and three court-appointed medical experts argued in court filings last month that the state's resistance not only is potentially deadly to vulnerable inmates, but demonstrates that California is not yet ready to retake control of inmate medical care in the state's 33 adult prisons.
The Department of Corrections and Rehabilitation has known about what the experts called a "medical and public health emergency" at the two prisons since 2005.