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Civil Rights

Jun. 3, 2026

Racial Justice Act sets off turf war between courts, lawmakers

Four rulings set limits on automatic reversal, sharpening a fight between lawmakers, judges and advocates over whether racism can be "harmless."

Racial Justice Act sets off turf war between courts, lawmakers
California District Attorneys Association CEO Greg Totten

The Racial Justice Act started as a political battle over the role of race in criminal prosecution and sentencing. But it has evolved into a turf battle between judges and lawmakers.

The latest salvo came on Monday. In four decisions issued simultaneously, the California Supreme Court carved out a role for judicial discretion as courts cope with a flood of appeals under the act. But advocates for the act say that discretion, in particular, the concept of "harmless error"...

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