Activist courts are a plague on our society and I imagine they will – as liberal/progressivism has done, run themselves into a deep ditch it will take a generation to climb out of.
Let’s take a look at California’s dilemma unfolding in the US Supreme Court right now.
California has a prison population, it is alleged, where they hold in deplorable conditions, something like twice the amount of inmates as the facilities are supposed to hold. The courts are considering ordering a prisoner release as a resolution.
There could be a court order to spend whatever it takes to build new prisons in the works but I imagine it will be a prisoner release that satisfies the genteel sensibilities of those jurists who live in gated communities and attended Ivy League schools, as well as the social justice attorneys who always bring these types of cases.
And what will be the result of a prisoner release? Could it be the 70% prisoner recidivism rate coming back to bite Mr. John Q. Public, along with the police, prosecution and judicial time (money) spent re-locking up those who should still be sitting in prison?
How about some reverse psychology for the courts.
Back in 1968 there was the first, Serrano v. Priest, of the “education funding” lawsuits brought by social justice attorneys which pointed out the deplorable conditions of “poor community” schools suffering a lack of available local property taxes. The request of the courts was for more funding for the poor communities through a state tax.
The case meandered on until 1983 and billions of dollars were wasted trying to make “equitable” what could never be equitable. I believe the disparity is even greater now in 2010 since a newer case propped up the local funding for local education. Local education funding is back in the laps of the locals now that the State of California is bankrupt – who would have seen that coming?
So here is my solution:
Instead of releasing prisoners from overcrowded jails – why not release the children from the failed public schools and fund a proper prison system?
Why not work on a judicial scheme to encourage privatization, vouchers, home schooling, de-aministrating or any other way of avoiding the crowded, under-funded government/union schools?
The novel 1968 Serrano v. Priest idea that state education was a fundamental, US Constitutional right was a complete fraud and a fiscal as well as educational failure in California.
The 1995 monkey-see-monkey-do idea put forth by a similar activist court here in NH that education is some sort of state constitutional right is also a fraud and waste of tax dollars.
Let’s have a new agenda for the activist courts.
Keep convicted criminals in jail as long as their terms require and set the little children free.