Judicial activism in this case is an especially inappropriate response to prison overcrowding, because such conditions are neither the result of States' cruelty nor are they unusual. Such a remedy could result in the release of hoardes of convicted felons to prey on society. Further, judicial usurpation of the power to control and supervise State prison policies disregards the 10th amendment requirement that powers not expressly granted to the Federal Government are reserved to the States. It also undermines the constitutionally mandated separation of powers in that the courts' broad supervision has extended far beyond deciding only litigable cases or controversies. Possible remedies to the current situation include the establishment of statutory limitations on and standards of Federal court jurisdiction in this area and defunding civil rights lawyers who have turned such litigation into a virtual cottage industry. 33 notes and references.