Tag: Justice Stephen Breyer

Justice Anthony Kennedy agreed with the majority in its most recent capital punishment case. But in an unusual move, he dedicated almost all of his concurring opinion to condemning the practice of solitary confinement in the nation’s prisons, even though the issue, of his own admission, had “no direct bearing” on the case. In Kennedy’s lengthy opinion concerning how Ayala was incarcerated, he noted that Ayala had been isolated for most of his 25 years of custody.

The Constitution guarantees every American the right to a fair trial and to face his or her accusers. This right has been denied to African Americans, who make up a larger and larger part of the prison population under America’s “New Jim Crow.” In the case of Kerry Baxter Sr., the California Superior Court system here in Alameda County blatantly ignored his rights.