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TAYLOR v. U.S.

Nos. 97-16069, 97-16071.

181 F.3d 1017 (1998)

Eddie Willie TAYLOR; Michael F.X. Hogan, Plaintiffs-Appellees, v. UNITED STATES of America, Intervenor-Appellant, and State of Arizona; Terry Stewart, Director of the Arizona Department of Corrections, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1998.

Rehearing Granted and Opinion Withdrawn November 3, 1998.

Argued and Submitted January 21, 1999.

Filed June 18, 1999.

Attorney(s) appearing for the Case

Darrin J. DeLange and Thomas J. Dennis, Assistant Attorneys General, Phoenix, Arizona, for the defendants-appellants.

Robert M. Loeb, United States Department of Justice, Washington, D.C., for the intervenor-appellant.

Randy Papetti, Lewis & Roca, Phoenix, Arizona, for the plaintiffs-appellees.

Peter J. Siggins, Deputy Attorney General, San Francisco, CA, for amicus curiae.

Before: HUG, Chief Judge, and THOMPSON, FERNANDEZ, RYMER, KLEINFELD, HAWKINS, TASHIMA, THOMAS, SILVERMAN, GRABER, WARDLAW, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn November 3, 1998.

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...

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