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Judiciary


US SUPREME COURT TO MAKE DECISION ON CASE AS 20 ATTORNEYS GENERAL WEIGH IN

A group of 20 attorneys general requested the Supreme Court to overturn a lower
court's ruling on enforcing bans on homeless encampments.
The Supreme Court held a special sitting on September 30, 2022, for the formal
investiture ceremony of Associate Justice Ketanji Brown Jackson. (Collection of
the Supreme Court of the United States/Getty Images)
By Jack Phillips
9/27/2023
Updated:
9/29/2023

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A group of 20 attorneys general requested the Supreme Court to overturn a lower
court's ruling on enforcing bans on homeless encampments.

This week, 20 attorneys general from Republican-controlled states petitioned the
high court in the case of Johnson v. City of Grants Pass after the U.S. Appeals
Court for the Ninth Circuit ruled last year that the Oregon city of Grants Pass
violated the U.S. Constitution's Eight Amendment by enforcing an ordinance to
prevent people from sleeping in public if they have no other place to go.

The lawsuit was brought by three homeless individuals in Grants Pass, located
near the Oregon–California border, several years ago. They argued that their
constitutional rights were violated and sought to overturn the small city's
anti-homeless ordinances that levied fines and other regulations.


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However, a growing number of cities and even some Democrats have said the lower
court rulings essentially have made it difficult to enforce regulations against
homeless camps. Last week, California Gov. Gavin Newsom, a Democrat, filed a
brief with the Supreme Court and urged it to take up the case, saying that the
court rulings are unworkable and have led to a public safety crisis in major
cities across his state.

The city of Grants Pass filed an appeal with the Supreme Court last month. It
came after the Ninth Circuit Court in August upheld a ruling invalidating the
Grants Pass anti-camping measure, which expanded on a previous case, Martin v.
City of Boise, which prevented cities from blocking people from sleeping on
public property if local governments cannot supply beds for them.

“Does the enforcement of generally applicable laws regulating camping on public
property constitute ‘cruel and unusual punishment’ prohibited by the Eighth
Amendment?” lawyers for the Grants Pass asked the nine justices in August.


On Monday, in their brief (pdf), the 20 attorneys general offices—led by
Republican Montana Attorney General Austin Knudsen—wrote that "allowing
encampments is cruel and creates more suffering than the alternative," citing
health and safety issues that homeless people and the general public face by not
clearing camps.

"While being mindful of the health and safety of both the homeless population
and that of the greater community, many issues still must be resolved by (the
Supreme Court) to clarify what other efforts may be made within the bounds of
the law,” their petition said. “The questions raised by this case are of
paramount importance to local governments … and warrant this Court’s thoughtful
attention.”

In a news release accompanying the filing, Mr. Knudsen said that the Ninth
Appeals Court's 2018 decision leaves states "powerless" to deal with the problem
of homelessness, noting that states have both "criminal law and land-use policy
authority, and that the decision is an outgrowth of the 'evolving standards of
decency' jurisprudence."

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NEWSOM JOINS IN

In a rare move, Mr. Newsom's office joined conservative states and groups by
also filing an appeal with the Supreme Court, representing a shift for the
Democratic governor as he rarely sides with Republicans on nearly any issue.

“While I agree with the basic principle that a city shouldn’t criminalize
homeless individuals for sleeping outside when they have nowhere else to go
within that city’s boundaries, courts continue to reach well beyond that narrow
limit to block any number of reasonable efforts to protect homeless individuals
and the broader public from the harms of uncontrolled encampments,” Mr. Newsom
said in a statement.

A homeless encampment in California is seen in an undated file photo. (Frederic
J. Brown/AFP/Getty Images)
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The Supreme Court, he argued, needs to once and for all provide clarity on the
matter because lower court rulings have left a "confusing" and "impractical"
situation for the states. "Courts have tied the hands of state and local
governments that seek to use common sense approaches to clean our streets and
provide help for unhoused Californians living in inhumane conditions," the
governor continued.

The flurry of legal activity also comes as West Coast cities such as Los
Angeles, San Francisco, Portland, and Seattle have increasingly grappled with a
recent rise in homeless camps and public drug use.

But in December, U.S. District Court Chief Magistrate Judge Donna Ryu issued an
injunction that prevented San Francisco from continuing its efforts to clear out
tent camps. The city then appealed to the Ninth Circuit earlier this year.

According to Mr. Newsom's court filing, a district court ruled that Los Angeles
would have to tick off a long list of requirements before it enforces its
anti-homeless ordinance. That includes more rules for nursing staff, mandates
for security, and policies around testing for communicable diseases, it said.

“I hope this goes to the Supreme Court, and that’s a hell of a statement for a
progressive Democrat,” Mr. Newsom told Politico earlier this month. “It’s gone
too far. People’s lives are at risk.”

The high court has until early October to make a decision on whether to take up
the case, among many others.

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Top Two Comments:
Edward

2023-09-27

Q: Can you define a woman?
Ketanji: No. I’m not a biologist.
Q: Are you a woman?
Ketanji: Yes.
Q: How do you know?
Ketanaji: Because Biden nominated me to the Supreme Court. And I’m black.
Q: Do you have any other qualifications?
Ketanji: I don’t need any.

Reply

Share

Tony McReynolds

2023-09-27

Gavin Newsome is anti christ incarnate. He’s a liar, he’s a liar, he’s a liar.
The man plans to run for president in place of biden and he’s been one way
(evil) for his whole life. Now, and you watch, he’ll come out as moderate to get
elected. That’s the way all tyrants have gained power in the past. If he becomes
(or any democrat for that matter) president, the world is finished.

Reply

Share


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Jack Phillips is a senior reporter for The Epoch Times based in New York. He
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Related Topics
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Comments
Write a comment...
Top Two Comments:
Edward

2023-09-27

Q: Can you define a woman?
Ketanji: No. I’m not a biologist.
Q: Are you a woman?
Ketanji: Yes.
Q: How do you know?
Ketanaji: Because Biden nominated me to the Supreme Court. And I’m black.
Q: Do you have any other qualifications?
Ketanji: I don’t need any.

Reply

Share

Tony McReynolds

2023-09-27

Gavin Newsome is anti christ incarnate. He’s a liar, he’s a liar, he’s a liar.
The man plans to run for president in place of biden and he’s been one way
(evil) for his whole life. Now, and you watch, he’ll come out as moderate to get
elected. That’s the way all tyrants have gained power in the past. If he becomes
(or any democrat for that matter) president, the world is finished.

Reply

Share



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