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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 19:02:00

Which has jurisdiction for much of the western united states and all of california. the ninth circuit has been regarded as a progressive bastion, but elections have consequences. president trump has able to appoint ten judges to the ninth circuit, president biden seven. 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 ninth circuit, it could not get the required majority vote from all active members of the bench. that s when all hell broke loose among the judges. there are 29 active judges, the denial of a fullw drew 1 dissents and other stements. many were blistering. as the oregonian reported, many who dissented argued that the grants pass ruling created a confusing set of rules based on a flawed interpretation of the ....

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