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Un-Elected Legislators – the worst kind

There is a worse legislature than the California Legislature. At least California legislators stay on task working on the many intractable problems, but America’s federal court system are wannabe legislators of the worst kind. The newest court order is basically intent language with no substance other than an order. In the recent Supreme Court decision ordering the release of tens of thousands prisoners the Court has legislated the standards for state prisons and has taken the executive authority on how to do it. Except they could not even do that. Once the slender majority determined that it is cruel to be overcrowded they could not find a path on how to get there. So they have simply ordered California to do release prisoners and if California does it wrong the courts will come back in with a heavy hand.

Now that the court has ruled they are off on other battlefields where they can shoot the wounded and rob the dead. Under their interpretation of the Eight Amendment against cruel and unusual punishment many low rent dwellings, hospitals, and even military installations would fail. Nearly every family in American history can tell a story of overcrowded… Read More

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At Least Justice Kennedy Can Sleep Easier at Night

As the lead legislative intervenor challenging an August 2009 federal court order reducing California’s prison population, I am dismayed by the U.S. Supreme Court’s decision today in Brown v. Plata.

The decision to force California’s prisons to release 46,000 convicted felons is a historic attack on the constitutional rights of states and the liberty of all Californians.

By flooding our neighborhoods with criminals, the Court will make one of highest taxed states in the nation among the most dangerous as well, further tarnishing the California dream.

At a time when law-abiding Californians cannot find jobs, it’s hard to imagine how convicted felons will do anything other than return to a life of crime.

But at least Justice Kennedy can sleep easier at night knowing that none of these dangerous felons will be released in his neighborhood.… Read More