Supreme Court Orders California to Release At Least 37,000 Inmates
- Posted on May 23, 2011 at 6:32pm by
Billy Hallowell
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In a highly contentious decision, the U.S. Supreme Court has ordered the California prison system to release tens of thousands of inmates in an effort to address overcrowding. The total number of inmates the state will be mandated to release will fall somewhere between 37,000 and 46,000.

In a 5-4 decision, the Supreme Court upheld a 2009 ruling by a special three-judge panel; Justice Anthony Kennedy wrote the decision. FOX News has more:
“After years of litigation, it became apparent that a remedy for the constitutional violations would not be effective absent a reduction in the prison system population,” Kennedy wrote in an opinion joined by the court’s more liberal members. In an unusual occurrence, the opinion included an appendix showing three pictures of the overcrowded facilities.
Critics of California’s prison system contend the cells are so overrun with inmates that proper care has been obliterated. Kennedy cites examples of prisoners with mental or physical health needs having to wait months for inadequate care. He cites one example of an inmate who was held for nearly 24 hours in a cage and standing in a pool of his own urine. Others died while seeking medical attention that was seemingly delayed because of the backlog of cases
According to ABC News, at the time of the 2009 court order, California was holding 156,000 inmates. This is nearly double what the prison system was designed to hold. While this is being viewed as a human rights victory by some, two important questions come to mind: 1) What are the safety concerns posed by releasing such a large number of inmates back into society? 2) In analyzing costs and benefits, is releasing these individuals truly the best way to alleviate overcrowding?
Chief Justice John Roberts and Justice Samuel Alito took issue with the notion that federal judges would be given control over penal systems, while also taking on the majority for not considering the recent progress California officials had made in tackling overcrowding. In a separate dissent, Justice Antonin Scalia and Justice Clarence Thomas, also railed heavily against the ruling:
“Today the court affirms what is perhaps the most radical injunction issued by a court in our nation’s history: an order requiring California to release the staggering number of 46,000 convicted criminals.”
This sets an interesting precedent, as it is one of the largest prison release mandates in U.S. History.



















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Comments (167)
illuminoddy
Posted on May 24, 2011 at 7:54amRapists, Pedophiles, Burglars, Thieves, Aggravated Assault, Attempted Murder, Domestic Violence, cases should NOT be allowed to go free
allow the drug and business-related criminals, and other types of non-violent, non-sexual predatory criminals to go free, if any
though i think just killing the above mentioned groups is a far better solution
Report Post »CHULAIGUY
Posted on May 24, 2011 at 11:04amOver crowding could be solved by re-instaing the death penalty. Of course you use DNA evidence to be sure. But the arguement that it cost more to execute someone than it does to keep them in jail for life is complete BS. Take One year for appeals and the follow through with the sentace. The drunk that killed my brother never served a day in jail. The guy who robed my home, was given probation (for the 2nd time) and tried to soot a cop three months later. If people are unfit to live in Society then the should be removed from it. The deterent is “:He/She won’t do that again.”
Report Post »JamesR
Posted on May 24, 2011 at 7:52amWhat else should we expect with the recent additions to the high court? Rather than build, why not consider more “tent cities”?
Report Post »becauseitmatters
Posted on May 24, 2011 at 8:29pmLove the tent cities idea :)
Report Post »loadingmyclips
Posted on May 24, 2011 at 7:40amFREE Charlie Manson!!!
Report Post »thetang
Posted on May 24, 2011 at 7:36amGive California back to Mexico,an let them solve it? Sounds like Moon Beam for Gove was a good idea? Brown,for President of Mexico! Hoo Rah!
Report Post »love the kids
Posted on May 24, 2011 at 7:30amWho is the child on the right that can’t sit still?
Report Post »loadingmyclips
Posted on May 24, 2011 at 7:43amweak bladder
Report Post »love the kids
Posted on May 24, 2011 at 7:30am37,000 new welfare, foodstamps, and public assistance. Overwelm the system to collapse it. I think the citizens should sue the state for wasting their time and money in prosecuting these people in the first place. I’ll bet each case is over 100,000 on average in the first place from start to finish. So if the state govt. is guilty of unconstutitional activity, the citizens should be able to sue to recoup the un-necessary money that they spent.
Report Post »DrEvo82
Posted on May 24, 2011 at 7:27amSomebody tell me
Report Post »Where did we go wrong?
This is not the world that I remember
I once believed that we had a future
Now I’m afraid that I am not so sure
— FGFC820
ginpa
Posted on May 24, 2011 at 7:12amThis is so simple. 37 tho. to 47 tho. new dem voters–OR–
Report Post »Could this be Imemy’s new “private, well funded army”?
Scarrey times indeed.
jedi.kep
Posted on May 24, 2011 at 7:12amThat’s great for California. Buncha leftie, tree huggin, frog lickin, Mexican wanna be idiots, would do well having 47,000 prisoners unleashed upon them. Those crimials can rob from the rich and give to the poor. Sounds like a leftie notion to me!
Report Post »gs425
Posted on May 24, 2011 at 7:05am“Critics of California’s prison system contend the cells are so overrun with inmates that proper care has been obliterated. Kennedy cites examples of prisoners with mental or physical health needs having to wait months for inadequate care. He cites one example of an inmate who was held for nearly 24 hours in a cage and standing in a pool of his own urine. Others died while seeking medical attention that was seemingly delayed because of the backlog of cases.”
They just described the entire healthcare industry when Obamacare is in full swing.
Report Post »Bushie
Posted on May 24, 2011 at 6:53amBarack gets more voters for 2012.
Report Post »packrbackr
Posted on May 24, 2011 at 7:56amThey can‘t vote they are felon’s, No wait that won’t stop the BO thug campaign.
Report Post »west1890
Posted on May 24, 2011 at 10:37amEven death doesn’t disenfranchise Obama voters… if we only knew how many dead voters voted in 2008. I suspect 2012 will be even worse.
Report Post »dave88
Posted on May 24, 2011 at 6:32amTime to get the gas chamber out of mothballs.
Report Post »hud
Posted on May 24, 2011 at 3:22pmPut them on a cruise ship(may I suggest the uss gen wm wiegle), and cut them loose in the Pacific and let one of our subs play war games. Problem solved.
Report Post »Rip Curly
Posted on May 24, 2011 at 6:26amThe USA has become “Prison Nation”. We can’t afford it.
Report Post »becauseitmatters
Posted on May 24, 2011 at 8:28pmWe can’t aford them sitting in their cells doing nothing. They should be put to work doing something for society. Maybe they could do some of the jobs we keep sending to China because it’s cheaper. Hey…we could have cheap labor here. It’s a good concept. If you screw up…you work for pennies. That could help as a deterent to their behavior. If they don’t do a good job, they get cold food. Easy.
Report Post »jungle J
Posted on May 24, 2011 at 6:21amthe mentally ill are in charge of the world.
Report Post »Mess23
Posted on May 24, 2011 at 6:18amThere is a Sheriff in Arizona that can teach CA to protect its citizens…
Report Post »TH30PH1LUS
Posted on May 24, 2011 at 5:42amWait! Before they were released did they issue them handicap placards and a prescription for medical wacky tabacky? Where are the standards, people?
Report Post »rdsxfn
Posted on May 24, 2011 at 5:35amSecure our borders first, then take all the imprisoned mexican illegals back to mexico. That should solve the overcrowding situation.
Report Post »loadingmyclips
Posted on May 24, 2011 at 7:43amOn the other hand they did support the 2nd Amendment. So that at LEAST we will have a fighting chance!
Report Post »GadsdenPatriot
Posted on May 24, 2011 at 5:25amThese pathetic jokes are so worried about prisoners’ rights that they quickly forget these inmates have been found to be a danger to society by being CONVICTED and deserve to be where they are.
Report Post »historypaper
Posted on May 24, 2011 at 5:16amAlready crumbling the illegal alien infested state of California represents the American crumbling civilization.
Report Post »Another death blow to the good hard working people in
California came about when the supreme soldiers of the Supreme Court ordered tens of thousands of jailed crooks to be released.
California and their grotesque progressive government structures forgot to pay for prisons and guards.
With impressive temples to progressives the great acropolis to illegal aliens continues to crumble as the western empire.
pwatkins
Posted on May 24, 2011 at 5:02amBTW, not told here but many states have been ordered to release prisoners, NC, being one. Our democratic governor pretends to be taking on the feds on this issue but she will do anything Obama ask her to do like reorganize every business to the progressive liking. We‘ve gone so ’green’ here I am thinking about dying my grass blue….lol.
Report Post »pwatkins
Posted on May 24, 2011 at 4:55amI guess they will get first choice at all the jobs and of course free education and training. I am sure it will be a federal thing now bc my state is already doing it. The ex-prisoners get much better treatment than the LAW-ABIDING CITIZEN. Like Vann Jones said $15 an hour green jobs for all, well all the radicals that follow him and Obama. I guess since Obama succeeded in taking most of our jobs away he can double the green job salary for the ex-cons. I guess they will also get trained to be Obama warriors in 2012.
Report Post »caprica
Posted on May 24, 2011 at 4:34am90% of the criminals are mexicans illigals …..the government want the borders open so more criminals can walk in and disturb and distory American People lives…..the whole government and the suprime court is a joke ! pathetic joke…..ligalize mafia
Report Post »Meyvn
Posted on May 24, 2011 at 6:28amDump them all south of the U.S. border.
Report Post »Chet Hempstead
Posted on May 24, 2011 at 2:36pmDo you have a source for that figure of 90%, or is it just a ridiculous lie that only an idiot would believe?
Report Post »EP46
Posted on May 24, 2011 at 4:26amThere is an EMPTY prison in Illinois …the prison they wanted to bring all the GITMO prisoners to. So they have to wait for ‘health care’……what are they going to do when they get out and have to wait for ‘obama care’ ??? This is only the beginning……one of the things Van Jones has been working on for years is to release the prisoners.
Report Post »ramburner
Posted on May 24, 2011 at 4:05amThis is nuts! Who gets paid through corruption to release these people? Our system of justice has become as corrupt as third world countries! Who gets released? Minor drug violators or murderers? If the justice system was so over crowded, why were the prisons not being built to accommodate the prisoners? Why is the Supreme Court involved in making this decision for the State of California? What place does the Fed have in the business of the State?
Report Post »dodgerbaseball
Posted on May 24, 2011 at 3:43amINSANE! This is the one reason McCain should have been elected. Hopefully none of these criminals to be released will murder or kidnap anyone… Sheesh, such a strange decision.
Report Post »nzkiwi
Posted on May 24, 2011 at 4:00amWhy not just build more prisons?
Report Post »GETLIFE
Posted on May 24, 2011 at 4:16amWhy should California care? Everybody else is just going to have to bail them out some more. They are incapable of running their own state. Now just imagine where that bail-out money will be going….
Report Post »Mikeyyy
Posted on May 24, 2011 at 4:59amYikes, I wish my state was further away from California now…i can totally see the criminals wanting to leave and try to find a better new life, away from Calif
Report Post »Mikeyyy
Posted on May 24, 2011 at 5:00amCan we release them all on the doorstep of the Whitehouse?
Report Post »Jackers
Posted on May 24, 2011 at 5:51amSo much for the safety of the law-abiding citizens of America… Furthermore; a large number of these prisoners are illegal aliens. Rather than releasing them, how about deporting them back to their country of origin?
Report Post »Polwatcher
Posted on May 24, 2011 at 5:56amNich job supremos! You really screwed up this time. How many thousands of people have you killed this time.
Report Post »mikem1969
Posted on May 24, 2011 at 7:00amscrew the over crowding, these morons violated other people’s rights and liberties when they committed their crimes. As far as I am concearned, at that point they have no more rights and should be packed in like sardines.
Report Post »dizzyinthedark
Posted on May 24, 2011 at 7:18amWell here they are, votes for obammy!
Report Post »NancyBee
Posted on May 24, 2011 at 7:20amWhat? What? 46,000????!!!
Report Post »smithclar3nc3
Posted on May 24, 2011 at 7:35amthe supreme court has no power over state prisons…period
Report Post »912er
Posted on May 24, 2011 at 7:56amHow else are they gonna repopulate the Democratic voting base? C’mon… this is logical…
Report Post »smithclar3nc3
Posted on May 24, 2011 at 8:05amTake all the illegals in prisons tattoo their foreheads and ship them back to their homeland
Report Post »Miguelito
Posted on May 24, 2011 at 8:18amWe use to be a nation of laws and that is changing fast. Good bye America…welcome wild, wild west again. Where are the good guys and gals?
Report Post »handsmcml
Posted on May 24, 2011 at 9:16amOne of the reasons McCain lost is because he was not that different from Obama on too many issues. First, California is broke and there is no way that it can afford to build more prisons. There are too many in prison for the wrong reasons. Second, 20% are illegal aliens and should be released to federal control, the feds refuse to pay for them. Third, there are a lot of prisoners sentenced for things that should not be crimes in the first place. Californians need to examine all of these issues to solve this problem.
Report Post »Domin0z
Posted on May 24, 2011 at 9:39amRelax. The story doesn’t state what TYPE of prisoners are to be released. My guess is the majority of them are harmless self-hurting drug users. So sleep well, they (prisoners) will slowly dispose of their own life by using drugs (Not saying this is good, but it is what will happen). This country has the most people imprisoned than any other nation on earth. This is contrary to our deep-rooted beliefs. Locking people up is not the answer (for small offenses). Murderers, rapists, pedophiles, of course need to be locked up for the rest of their lives. So relax my friend :)
Report Post »NoIPhone
Posted on May 24, 2011 at 10:24amI believe this problem bagan a long time before this though, like when the Liberals railroaded and nearly destroyed Judge Bork.
Report Post »Secret Squirrel
Posted on May 24, 2011 at 10:31am……
Report Post »Think about it. 1/3 of the prison population happens to be illegals.
They will be set free.
California has draconian gun laws so the law abiding people cannot protect themselves.
Illegals go on a crime rampage, get arrested, we need lawyers and judges on the payroll.
The money is flowing into the system again.
“How we gonna make a buck if all the criminals are locked up? Throw me a bone.”
Done.
“Who cares if some innocent people are killed? We’re in our gated communities.”
The Patriot
Posted on May 24, 2011 at 10:58amMcCain is no better . If you get convicted of stealing 3 candy bars on 3 separate times,with the 3 strikes law you go to jail for life .I may have oversimplified this, but it is possible. Maybe some of you from California could put your stories here to help make my point. I have heard of this but cant remember them.
Report Post »maumau
Posted on May 24, 2011 at 11:05ami know the answer to overcrowding uh death penalty to everyone that is serving life or baby killers/rapists !!!!!!!!!!!! nuff said damn i should have been a judge
Report Post »motes_art
Posted on May 24, 2011 at 11:30amAnother great example of why I’m getting my CCW
Report Post »bjc535
Posted on May 24, 2011 at 11:50amIt’s CA….they have stupid laws, and most are liberals who hate law abiding citizens….I’m sure they could easily find that many prisoners that are not much of a harm to society…..will they release those…..i would hope so, but it being CA…..
Report Post »dancing bear
Posted on May 24, 2011 at 2:26pmIm sure the drug dealers and mexican drug lords are happy to hear that .I hope obma gives them some of that freshly printed cash so they dont have to go to the trouble of stealing it.
Report Post »AMERICAN FOREVER FOREVER AMERICAN
Posted on May 24, 2011 at 3:08pmThis is B-S. Being from California I am totally pisssed. We have nothing but lefty morons in power. Lets not forget that the supreme court put the final nail in. They based their decision on old data regarding the ratio of inmates to cells and the amount of health care the inmates receive. They should all be put to sleep. The inmates too.
Report Post »TomFerrari
Posted on May 24, 2011 at 6:11pmMoney is REALLY TIGHT at home right now… So I’ll ask…
I need someone to donate a .45 ACP for the protection of my family.
I’ll take a 12ga pump action as an alternative.
Otherwise, I’ll need to find someone with a spare bedroom where my family can live OUTSIDE of CALIFORNIA. Anyone got 4 spare sofas? A room that’ll hold 4 bunk beds or 4 sleeping bags?
I suspect NV, AZ, and OR will be REALLY pleased with this as well…
How long will it take them to ‘migrate’ to our bordering states?
Swarzenegger had one thing right…
OUTSOURCE California’s prisons TO MEXICO!
Build a big prison down there, man it with local labor, supervise it with American ex-pats.
When released from prison, you have to have proof of citizenship to re-enter the U.S.
THIS IS RIDICULOUS! Have you seen how packed people are living in houses they PAY FOR? And the supremes think prisons are overcrowded? Do they know how long we put off medical care because we cannot afford it? Don‘t tell me the poor prisoner can’t get his nosejob for 12 months. Boo hoo. Poor Mugsy.
GET ME OUTTA HERE!
Report Post »We Are Not Alone
Posted on May 24, 2011 at 6:59pmI think that after all the money that was invested to prosecute these prisoners they should build a community all around the 5 supreme court justices homes…. they should be 100% responsible for these people if they kill or rape somebody..
I always felt that Obama would release prisoners at some point. It’s not hard to believe that with this DOJ turning a blind eye on justice. This will continue to happen…. using any excuse…. GOD HELP US ALL
Save the USA…. we are in big trouble
Report Post »Patrick in AZ
Posted on May 24, 2011 at 7:30pmThey should have them live in the neighborhoods that the 5 moron judges live in
Report Post »We Are Not Alone
Posted on May 24, 2011 at 7:42pmThis is GREAT, now that we can’t house prisoners, no need for cops, lawyers, OR supreme court justices….. Case closed.
Report Post »banjarmon
Posted on May 24, 2011 at 11:23pmThe people in prison have life better than the great people in our MILITARY!
Report Post »goku17
Posted on May 25, 2011 at 12:41amAs usual you idiots know nothing about anything. The decision did not authorize the release of prisoners but only their relocation to less crowded county jails. It’s funny how you claim to defend the constitution and then berate the people who are defending the constitution. Have you ever heard of the 8th amendment prohibition against cruel and unusual punishment. Try educating yourselves before commenting on something you know nothing about. typical glenn beck idiots. I would be a conservative but for you idiots. You scare me too much with your selective reading of the constitution. IDIOTS!
Report Post »jackrorabbit
Posted on May 25, 2011 at 1:28amSimply brilliant. Why not send them to other states that have room in their jails, or do like Sheriff Joe, and make tent cities in Southern Cali, where the weather is nice year round.
Report Post »We Are Not Alone
Posted on May 25, 2011 at 11:48amBANJARMON
Posted on May 24, 2011 at 11:23pm
The people in prison have life better than the great people in our MILITARY!
I agree totally, so how about we take the not too bad prisoners (legals) and put them in the military, a separate force and see if they can be trained to do something good
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