This is a example of the Kennedy logic. You decide if he is missing a neuron or not.
"Justice Anthony M. Kennedy, speaking for the majority, said California's prisons had "fallen short of minimum constitutional requirements" because of overcrowding. As many as 200 prisoners may live in gymnasium, he said, and as many as 54 prisoners share a single toilet."
Please point out in the enumerated US Constitution where it mentions toilets and sleeping arrangements. It must be there since the SCOTUS brainiacs says it is. Right? What has our justice system come to when these "Judges" can deem a cot in the gymnasium as "cruel and unusual"? We the people have no idea if there will be one or ten thousand lawbreakers sent to the hoosegow so I suppose we are just supposed to build a gazillion cells and spend all our money to accommodate criminals. This decision is why Americans are fed up with the "system". When these criminals are released and there begins the anticipated upswing in crime, I say send them to camp out at the homes of the I-5. I am sure the I-5 have insulated their sensibilities regarding the criminal that they think these lovelies will simply be released and be model citizens.
One thing I gave Arnie, our past Governator, credit for was his defense of common sense and he fought the "Injustice System" throughout his term regarding the penal system. The Federal Judges are simply out of touch with reality. They want the medical care for inmates to be an open ended expense and Arnie fought that hard. What is it we are trying to do here? Do we have anyone with common sense in the Injustice System at the Federal level? Well, we have four at the SCOTUS who are fairly consistent when it comes to using common sense. Alito, Roberts, Scalia and Thomas. Kennedy does have moments of coherent thought but they seem to be few and far between. The four liberals though are better suited to the old USSR system.
Scalia wrote the dissent and when you read it you will agree he is a man of common sense. Summing up Scalia says this,
"He said the high court had repeatedly overruled the 9th Circuit Court of Appeals for ordering the release of individual prisoners. Now, he said, the majority were ordering the release of "46,000 happy-go-lucky felons." He added that "terrible things are sure to happen as a consequence of this outrageous order." Justice Clarence Thomas agreed with him."
Having gone through a divorce many years ago and experiencing the the "Injustice System" myself, I have lost a lot of respect for the Judges because they seem to be arbitrary and lacking common sense. Please read the dissents though and maybe if we could get more Scalia's the country can survive longer.
So when the crime rates jumps and you are robbed, murdered or your wife and kids are molested, thank the I-5. Maybe after you have had forced contact with the released criminals, you just might decide to send a letter to Obama and the I-5 thanking them for nothing.