This will be overturned, it's the law now. Judges don't make laws.
...."judges don't make laws"...
Anyone with any understanding of our judicial system, especialy in the high courts realize that judges do indeed make laws. They make laws because the act of interpreting a law is the act of having the law apply in a certain way.
The law says "no cruel and unusual punishment". If the court is approached by a guy who claims that his being beaten in jail is cruel and unusual and the judges say it is not, then the judges just made a law stating that beatings in prison is permissable.