Supreme Court Considers Whether Dancing for 30 Hours Is “Cruel and Unusual”
WASHINGTON â The latest chapter in the debate over the Eighth Amendment unfolded Monday as the nationâs chief justices heard arguments about whether being forced to dance for thirty consecutive hours constitutes âcruel and unusualâ punishment.
The case, Charleston et al. vs. Joseph, was brought forward by plaintiffs Michael Charleston, currently incarcerated in an Illinois prison, and his cellmates, who claim to have been forced to dance for thirty straight hours with only limited breaks. The incident gained national exposure after coming to the attention of the American Civil Liberties Union, who have repeatedly stated a desire to âensure that such torturous treatment of humans never again occurs within our borders.â
Charleston and the ACLU claim that dancing for so long is both âdegrading to human dignityâ and âpatently unnecessary,â thereby meeting two of the principles outlined in 1972 landmark case Furman v. Georgia that would render the punishment âcruel and unusual.â
In addition to being forced to dance in a âstifling and dark tent with loud music and a claustrophobic number of sweaty prisoners,â the plaintiffs were tasked with raising several hundred dollars by soliciting strangers while wearing âhumiliatingâ bibs.
Despite Charlestonâs testimony, President Obama had the solicitor general file an amicus brief supporting the defendant, Peter D. Joseph. Furthermore, the justicesâ choice of questions to the lawyers present have been interpreted by experts as hints that the Court will rule in Josephâs favor.
Justice Ginsberg began the hearing by asking whether âthe money [went] to a good cause?â and Justice Breyer questioned, âTo what extent can the plaintiffs be considered heroes?â
Most damning for the inmates, however, was a fierce round of questioning from Justice Scalia. Scaliaâs probing queries revealed that the prisoners were not forced to dance; rather, they volunteered.
As usual, Justice Thomas did not speak during the proceedings, but reporters claimed to hear him muttering âGo âCats!â as he left the court room.