9th U.S. Circuit Court of Appeals
Jul. 6, 2023
17 judges criticize circuit colleagues over homeless ruling
“With this decision, our Circuit’s jurisprudence now effectively guarantees a personal federal constitutional ‘right’ for individuals to camp or to sleep on sidewalks and in parks, playgrounds, and other public places in defiance of traditional health, safety, and welfare laws — a dubious holding premised on a fanciful interpretation of the Eighth Amendment,” Senior Judge Diarmuid F. O’Scannlain wrote for the group.
Over the heated objections of a large minority of 9th U.S. Circuit Court of Appeals judges, the appellate panel held Wednesday that the city of Grants Pass, Oregon cannot enforce anti-camping and other ordinances against homeless people when the city doesn't have enough shelters.
The majority opinion upheld and expanded upon a 2018 9th Circuit ruling in a lawsuit against Boise, Idaho, that has been cited in cases involving how California c...
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