[ OConnor ]
[ Ginsburg ]
[ Stevens ]
[ Thomas ]
GARRISON S. JOHNSON, PETITIONER v.
CALIFORNIA et al.
ON WRIT OF CERTIORARI TO THE UNITED STATES
APPEALS FOR THE NINTH CIRCUIT
[February 23, 2005]
Justice Ginsburg, with whom Justice Souter and Justice Breyer join, concurring.
I join the Courts opinion, subject to the reservation expressed in Grutter v. Bollinger, 539 U.S. 306, 344346 (2003) (Ginsburg, J., concurring).
The Court today resoundingly
reaffirms the principle that state-imposed racial segregation
is highly suspect and cannot be justified on the ground that
There is no pretense here, however, that the California Department of Corrections (CDC) installed its segregation policy to correct inequalities. See Wechsler, The Nationalization of Civil Liberties and Civil Rights, Supp. to 12 Tex. Q. 10, 23 (1968). Experience in other States and in federal prisons, see ante, at 78; post, at 34 (Stevens, J., dissenting), strongly suggests that CDCs race-based assignment of new inmates and transferees, administratively convenient as it may be, is not necessary to the safe management of a penal institution.
Disagreeing with the Court that strict scrutiny properly applies to any and all racial classifications, see ante, at 49, 1112, 14, but agreeing that the stereotypical classification at hand warrants rigorous scrutiny, I join the Courts opinion.