The only thing cruel and unusual about the Supreme Court’s decision is its ruling.

© St. Louis Post-Dispatch
Tad Armstrong

Last week’s Supreme Court decision in Plata v. Brown affirmed a lower court injunction that will practically require the release of approximately 26% of California’s current prison population (40,000) by May 23, 2013. I say “practically” because, although the decision requires a reduction from the state’s current volume of nearly 200% of facility design capacity to a maximum of 137.5% (and, therefore, could be achieved by an increase in prison construction with no reduction in the guest list), it is no surprise that California, like many states, is broke. New prisons are not on the horizon. (more…)