on May 26, 2011 at 7:50 am
Coverage of Mondayâ€™s decision in Brown v. Plata, the California prison overcrowding case, continues. Columnist George Skelton of the Los Angeles Times considers Governor Brownâ€™s options in light of the Courtâ€™s ruling: â€œCriminals either will be released to local authorities or they’ll be set free on the streets. Either the tax revenue is generated for jail time, or taxpayers will distribute get-out-of-jail-free cards.â€ At Fox News, Judson Berger points out two additional options, both of which â€œwould involve more state fundingâ€: Brown could â€œsend prisoners out of state or simply build more prisons.â€ Â But taking a longer-term perspective, an op-ed in the Los Angeles Times emphasizes that the decision might spark â€œa productive conversation about how best to reform our prison system.â€ At Dorf on Law, Mike Dorf â€œunpack[s] a somewhat technical piece of Justice Scaliaâ€™s dissent,â€ in which he â€œcould be saying . . . that the plaintiffs in a properly defined class action would lack standingâ€ because â€œno one can know in advance that his treatment or non-treatment will amount to cruel and unusual punishment.â€
- At Cato @ Liberty, Ilya Shapiro discusses Maples v. Thomas, a procedural-default habeas case that the Court will consider next Term, including an amicus brief filed by Cato and the Constitution Project on the petitionerâ€™s behalf.