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Apr. 5, 2019

Over Caustic 'Dissentals,' 9th Decides 8th Amendment Protects Public Sleeping

In one of three bitterly-fought denials for rehearing en banc, the 9th Circuit let stand a ruling protecting homeless individuals from prosecution for sleeping in public spaces, when no shelter is available. But six dissenters called the decision 'badly misguided,' and another order 'absurd.' Professor Arthur Hellman visits first to discuss the use of 'dissentals' in this context, which one judge says is a lamentable 9th Circuit innovation that creates 'distorted presentations' of cases. Then, Public Counsel's Mark Rosenbaum discusses the legal and policy points of the public sleeping ruling, and its impact on LA's approach to its homelessness crisis.

Arthur Hellman

Professor, University of Pittsburgh School of Law

Mark D. Rosenbaum

Director, Public Counsel Law Center

610 S Ardmore Ave
Los Angeles , CA 90005


Harvard Univ Law School; Cambridge MA



Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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