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CNNW Smerconish July 5, 2024

impose criminal penalties for sitting, sleeping or lying outside on public property for homeless individuals who cannot obtain shelter. it held at the ordinances were unconstitutional and constituted cruel and unusual punishment under the eighth amendment. the matter came before the powerful 9th circuit court, which has jurisdiction for the western united states and all of california. the ninth circuit has been regarded as a progressive bastion, but president trump was able to appoint ten judges to the ninth circuit. it limited what idaho could do with regard to its homeless. this time a three-judge panel similarly ruled against a city s effort to regulate its homeless population. when grants pass then sought to have the matter considered by the entire circuit, it could not get the required vote from all a act tiff members of the bench. that s when all hell broke lose. the denial of a full review drew 16 dissents and many statements. as the oregonen reported, many who d ....

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CNNW Smerconish July 5, 2024

which is more cruel and unusual? one of the most influential appellate courts erupted in public disagreement over one of the most difficult issues of our time, homelessness. having recently decided matters of affirmative action, student loans and adoption, on top of last year s rulings concerning abortion, guns, religion and climate change, scotus might soon have the final word here, too. at issue, ordinances in grants pass, oregon, which would impose fines on homeless people for encampment on public property. a trial court was faced with this issue, whether cities can impose criminal penalties for sitting, sleeping or lying outside on public property for homeless individuals who cannot obtain shelter. it held the ordinances were unconstitutional and constituted cruel and unusual punishment under the eighth amendment. the matter came before the powerful ninth circuit court, which has jurisdiction for much of the western united states and all of california. the ninth c ....

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CNN Smerconish June 4, 2024 13:03:00

Ruling, which holds only the governments cannot criminalize eeping with the use of protections, such as betting from tments in some public places when a american has nowhere else to sleep. it does not establish an unrestrained right for involuntary homeless persons to sleep anywhere they choose. i previously reported on tragedy of homelessness in los angeles and san francisco, both cities subject to the law established in this decision. after touring skid row in l.a., i came away thinking homelessness is not the core issue. but a manifestation of what drives the problem namely mental health and drug addiction. so the real question becomes, is it cruel and unusual to impose a fine on homeless people? that s the view of the ninth circuit panel, or crucial and unusual to allow individuals who due to mental illness lack the capacity to make sound judgments ....

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CNN Smerconish June 4, 2024 13:02:00

That s when all hell broke lose. the denial of a full review drew 16 dissents and many statements. as the oregonen reported, many who dissented argued that it created a confusing set of rules based on a flawed interpretati and made the judges in inappropathomeless policy czars. it placed a straight jacket on west coast cities that are now left with little recourse to deal with an insurmountable and widespread rise. the conservatives on the court ruck a united front as los angeles times put it in their spobs, the conservative wing painted a portrait of an american west deprived of public spaces and under siege. in response, to judges in the majority on the panel wre that ....

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CNN Smerconish June 4, 2024 19:03:00

Constitution and made the judges into inappropriate homeless policy czars. the original ruling placed a straightjacket on west coast cities that are left with little recourse to deal with an insurmountable and rise in homelessness. thconservatives on the court struck a united front as los angeles times put it in their response, the conservative wing painted a dystopian portrait of an american west deprived of public spaces and under siege. in response, two clinton appointed judges wrote that the dissent d exaggerated the original r which, quote, holds onlyhe governments cannot criminalize the act of sleeping with the use of rudimentary protections such as bedding from thents in some public places when a person has nowhere else to sleep. it does not establish an unrestrained right for involuntary homeless persons to sleep anywhere they choose. ....

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