An Oregon city's effort to combat homelessness by imposing fines on people sleeping outside was deemed unconstitutional.
Daniel Collins, a Trump-appointed justice, argued that bothshould be"overturned or overruled at the earliest opportunity, either by this court sitting en banc or by the U.S.But in the opinion denying a rehearing, Judge Roslyn Silver said that the Grants Pass homeless population outnumbered available shelter beds, and those struggling with homelessness had nowhere to sleep other than in streets or parks.
Trump-appointed justice Daniel Bress argued that the court has injected itself into the mix and by deploying the Eighth Amendment, the court was imposing steep restrictions on the course of action local governments could take to address homelessness. "Looking out the windows of the Ninth Circuit's courthouse in San Francisco, one sees the most difficulton display. Homelessness, drug addiction, barely concealed narcotics dealing, severe mental health impairment, the post-COVID hollowing out of our business districts," Bress wrote.
"These problems of disrespect for the law, human suffering, and urban decline would seem connected, the result of a complex interaction of forces that defies any easy solution."
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