"Terrible Things Are Sure To Happen"

By: Chris Simpkins
BleekeDillonCrandall

In one of the largest prison release orders in our nation’s history, the United States Supreme Court recently ordered California to release 38,000 to 46,000 felons who are incarcerated throughout the state. Speaking for the majority, Justice Anthony M. Kennedy, the perennial swing vote on the court, said that California’s prison system has “fallen short of minimum constitutional requirements” due to severe overcrowding. Justice Kennedy pointed to the fact that as many as 54 inmates might have to share a toilet, and as many as 200 prisoners lived in a gymnasium. Additionally, the court noted numerous other concerns related to inadequate medical care and mental health care. According to Justice Kennedy, the overcrowding resulted in “needless suffering and death.” Justice Kennedy, however, did indicate that the state should receive considerable latitude “to find mechanisms and make plans” that are “consistent with the public safety.” Apparently, Justice Kennedy thinks it’s possible to simultaneously protect the public and release tens of thousands of convicted felons back on to the streets. A task that is easier said than done.

Justice Antonin Scalia sharply disagreed with the court’s decision, calling the order “absurd” and “staggering.” He also felt that “terrible things are sure to happen as a consequence of this outrageous order.” Justice Scalia even read part of his dissent from the bench, an unusual procedure from him, and one that indicated just how strongly he felt about the court’s order. If this truly is the largest prison release in our nation’s history, Justice Scalia also felt that it was “perhaps the most radical injunction issued by a court in our nation’s history” as well. Time will tell if Justice Scalia’s look into the future is correct. We hope not, but anytime you release that many prisoner’s back into the public, it is hard not to imagine “terrible things” happening.