And they did the right thing
It’s nice when, from time to time, the Supreme Court gets it right. It’s easy to forget the interests of prisoners. Aren’t they bad people, after all? But the Constitution does not allow for cruel treatment of people, good or bad. At issue in this case was whether the massive overcrowding and bad conditions of California
The court’s left and right divided predictably. I use the terms left and right with reluctance, but any active concern for the rights of prisoners immediately puts you on the left by today’s standards. (As does belief in the need to regulate markets, collect taxes for the common good, and protect the environment, but let’s take one subject at a time.) The decisive vote was Justice Kennedy, who wrote of the appalling conditions in California
This case is not only about prison overcrowding. It is also about conflicting political demands: on the one side, for longer prison terms; on the other side, for lower taxes and spending. But as with many public goods/services, we need to collect enough taxes if we want more of them. Instead, people have elected to pay less taxes and get worse public services, but without relinquishing their demand for better services.
This political fact fell outside the Court’s concern. The Court, no thanks to four ultra-right justices, did its job to uphold the Constitution even when it may mean a repugnant outcome. This ruling could mean the release of dangerous people. But that’s California California