Many court decisions are snoozers, but not the recent appellate court ruling in favor of a man in a Texas prison claiming that the way he and others are deprived of sleep constitutes cruel and unusual punishment.
After all, the U.S. Court of Appeals for the Fifth Circuit is widely known as the “nation’s most conservative,” going farther in some recent cases than the Supreme Court’s conservative majority seems prepared to do. Traditionally, conservative jurists prefer a modest role for courts vis a vis legislatures and government agencies and thus have…
