Taylor v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge RYMER; Concurrence by Judge TASHIMA; Dissent by Judge WARDLAW; Dissent by Judge GRABER.
RYMER, Circuit Judge:
The en banc worthy issue in this case is whether.the “immediate termination” provision of the Prison Litigation Reform Act of 1995 (PLRA), 18 U.S.C. § 3626(b)(2), runs afoul of separation of powers principles. However, we do not need to reach this question because the motion that is *1018before us — “to terminate the consent decree entered in this case on December 22, 1972” — is moot because the December 22, 1972 order (regardless of its label) was interlocutory and…
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