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Barring Out-of-State Prisoner Placements, Part II

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Kent has asked some good, and notably unanswered, questions about the court's authority to block California's plan to relieve overcrowding by out-of-state prisoner placements.  I want to take his point a step farther.  Assuming arguendo that the court had proper authority, why is it entering an order that blocks what would certainly seem to be a common sense, and quickly available, solution?

The gravamen of the original judgment was  --  remember  --  that medical conditions were constitutionally unacceptable because of overcrowding.

There are several ways to relieve overcrowding. One is to release criminals to take up where they left off (which is what most of them do, given the >50% recidivism rate). That would seem less than optimal, unless one is of the view that more crime more quickly is a good idea.

A second would be to build more prisons. This would cost a lot of money. Since California borrows to a fare-thee-well for things the governing party there views as important, such as transfer payments to its don't-work-for-a-living constituencies, borrowing would seem to be an option. But we are told (very selectively, that is) that borrowing, at least for new prisons, is a no-no. In any event, it's unlikely to happen, and even if it does, the opening of those prisons is years off.

A third option -- the one the court blocks -- is sending inmates to other, less crowded facilities. Why any sensible person would view this as a bad idea is mystifying. The answer to overcrowding is to get less crowded, no?

So what's going on?  

What's actually brewing here is that, although unintentionally, the curtain is getting pulled back on the underlying agenda. There was genuine concern about the adverse health effects of overcrowding, sure. But hunkering behind that agenda is the broader (and less popular -- that's why it's hiding) ideology.

It's an ideology I've described before: Amerika Stinks.  It's racist, oppressive, thuggish, and indecent. So putting more hoodlums on the street is only giving it what it deserves. Besides, those released are actually innocent, and were in to start with only because police and prosecutors are Nazis, and manufactured the evidence.   And even if they weren't exactly innocent, the inmates were convicted of only meth, heroin, PCP, etc. trafficking, and other "low-level, non-violent" offenses, and since we know that drugs should be legalized, or quasi-legalized or what have you, their convictions were illegitimate in A True and Just Society, so they should never have been in prison in any event.

Yes, the court's order blocking the obvious and available remedy of placing inmates in less crowded prisons is indeed a mystery -- until you remember what the longer-range agenda actually is. Then it all makes sense.

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