The way the judges have justified putting people in prison is by saying, 'We don't know if solitary confinement or decades in jail will make them more radical, and therefore we need to keep these defendants in prison for longer.' And with that logic, no one can actually win their freedom.
So this kind of circular logic of when, you know, constitutionality kind of winks on and off, depending on how popular something is, is an issue that has really kind of confounded lower courts.
1mo ago
Underscored — save the words that stop you in your tracks.
