I thought the function of the courts as the Judicial Branch was to remain neutral on all issues legislative and executive so that they can be the mediating influence and provide the balance of powers? Seems Justice Kennedy is now providing commentary on what Americans should do and how we should view our punitive system. I am not inviting conversation of the merits contained within the referenced report wither pro of con. What I am finding interesting and disturbing is a member of the court so publicaly giving opinion outside the court. http://story.news.yahoo.com/news?tm.../ap/20040623/ap_on_re_us/crime_and_punishment By ANNE GEARAN, Associated Press Writer WASHINGTON - Supreme Court Justice Anthony M. Kennedy said Wednesday that society should re-examine how it spends money and makes choices about who goes to prison, how long they stay and what happens when they get out. The report, nearly a year in the making, follows up on blunt criticism of the criminal justice system from Kennedy, a moderate conservative placed on the court by President Reagan. Kennedy asked the nation's largest lawyers' group to look at what he called unfair and even immoral practices throughout the criminal justice system. "The phrase `tough on crime' should not be a substitute for moral reflection," Kennedy said.