Justice Antonin Scalia called the decision "the most radical injunction issued by a court in our nation's history." He likened the decision to the granting of 46,000 criminal appeals. Scalia even wondered if Kennedy suggested a five-year time frame to achieve "a marginal reduction in the inevitable murders, robberies and rapes" likely to be committed by released convicts.
Gov. Jerry Brown correctly warned that the Big Bench might issue this ruling as he has tried to sell his plan to transfer some 37,000 state inmates to local jurisdictions. In turn, Kennedy wrote that Brown's proposed transfers -- which the Legislature has yet to ratify -- support the three judges' view that they can free thousands of inmates without "undue negative effect on public safety." The ink's barely dry and already they're sharing the credit in preparation for the cruel awakening that will prod them to spread the blame.
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