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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 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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