from truthdig:
Cleaning Up California’s Cruel Prison SystemPosted on May 25, 2011
By Bill Boyarsky
Much as it did with the South regarding segregated schools and other public facilities in the Jim Crow days, the Supreme Court has ordered a recalcitrant California to obey the Constitution. Finding that the state violated the Eighth Amendment banning cruel and unusual punishment, the high court told California to end the inhumane conditions of a prison system overcrowded with inmates who are mostly African-Americans and Latinos.
It was an amazing decision for this conservative Supreme Court. The impact could well reach throughout the country. The decision raises the standard for prisoner care, opening the way for lawsuits in other states that egregiously mistreat inmates. And it was a rare victory for inmates, their families and the lonely advocates for prisoners’ rights. The case, Brown, Governor of California, et al v. Plata et al, won’t be as famous as Brown v. Board of Education, the great school desegregation decision. But it may bring some relief to thousands of society’s despised—the many victims of racist police, prosecutors, courts and prisons.
The author of the 5-4 opinion was Justice Anthony M. Kennedy. A conservative, he has been the vote swinging between Supreme Court liberals and conservatives. This time, he joined with the more liberal faction to rule on a situation with which he may be somewhat familiar as a California lawyer, constitutional law professor and appellate judge.
Kennedy’s opinion ordering California to reduce its prison population of 143,000 by more than 33,000 didn’t mention the racial aspect, although race should be part of every discussion of prison life. Rather, he wrote of the intense suffering the overcrowding had caused to mentally and physically ill prisoners. Such inmates initiated the lawsuits that brought the issue to the Supreme Court. ............(more)
The complete piece is at:
http://www.truthdig.com/report/item/cleaning_up_californias_cruel_prison_system_20110525/