Some of the nation's most powerful conservative judges took collective aim Wednesday at the idea that homeless people with nowhere else to go have a right to sleep in public.
reiterated a separate 2018 decision
On Wednesday, the 9th Circuit issued an order denying the city’s request, indicating a majority of its 29 active judges had voted against rehearing the case. O’Scannlain wrote that the September decision was an “inventive, judge-made novelty.” He said it is “telling” that the 9th Circuit is the only circuit “bold enough” to embrace such a doctrine, which he said “effectively requires local communities to surrender their sidewalks and other public places to homeless encampments.”“One need only walk through our neighborhoods — through the Tenderloin or Skid Row — to know that our communities are fast coming undone,” he wrote.
“Homelessness, drug addiction, barely concealed narcotics dealing, severe mental health impairment, the post-COVID hollowing out of our business districts.”Such problems defy easy solutions, Bress wrote, but will be made even worse by the majority’s decision in the Grants Pass case, in which he said the court had “injected itself into the mix” by imposing “sharp limits” on local government responses.
Silver and Gould wrote that both Smith’s dissent and O’Scannlain’s statement “significantly exaggerate” their September holding — which related specifically to homeless people sleeping outside in Grants Pass, a city that lacked sufficient shelter beds to house them. Silver and Gould wrote that, contrary to suggestions by Smith, the homelessness problem in the American West and across the U.S. predates both the 2018 and September decisions by the 9th Circuit that upheld a right of homeless people to sleep outside with bedding when they have nowhere else to go.
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