Officials at the California Department of Corrections and Rehabilitation say the state has filed a notice of appeal with the three-judge panel. Governor Jerry Brown has said he wants the Supreme Court to rule on the issue. In the notice the state says the judges did not "fully or fairly" consider what California has already done to improve prison conditions.

The Governor believes the state has done enough to reduce the prison population. The three-judge panel disagrees and ordered Brown to produce a plan to further reduce overcrowding or face a contempt of court citation.

Brown's administration recently submitted the plan, but says it was done under protest.