Robert O. Gilmore, Jr., and Inmates of San Quentin State Prison, United States of America, Intervenor v. People of the State of California

FLETCHER, Circuit Judge:

In these consolidated appeals, we are asked to determine the constitutionality of provisions of the Prison Litigation Reform Act of 1995 (“PLRA”), Pub.L. 104-134, 110 Stat. 1321-66 (Apr. 26, 1996), that require termination of prospective relief in prison conditions cases. This is not the first occasion we have had to address the constitutionality of these provisions, 2 nor are we the first circuit to be presented with this question. 3 Although we follow our sister circuits in holding the termination provisions constitutional, we do so on grounds that are at once less…