by Ace
One (1) aspect of the downfall of California isn’t actually Gavin Newsom’s doing, unbelievably enough. Cities on the west coast allow permanent homeless encampments because the leftwing circus called the Ninth Circuit Court of Appeals decided to make up their own laws and imposed the rule that homeless people must be permitted to camp wherever they like, until and unless governments create housing for all of them.
The Supreme Court is finally getting around to reviewing this lawless ruling.
The U.S. Supreme Court appears to be leaning towards supporting an Oregon city’s crackdown on public sleeping, a decision that could have far-reaching implications for the escalating homelessness crisis under the Biden administration. The case, which challenges lower court rulings that deemed it “cruel and unusual” to fine or jail individuals sleeping on public land if no shelter is available, could redefine how cities and states manage the growing number of people living in tents, cars, and on the streets.
…The Supreme Court’s more liberal justices have suggested that the city’s law amounts to unlawfully targeting individuals simply because they are homeless. Justice Sotomayor argued that “You don’t arrest babies who have blankets over them. You don’t arrest people who are sleeping on the beach,” while Justice Kagan stated that “Sleeping is a biological necessity. It’s sort of like breathing. … But I wouldn’t expect you to criminalize breathing in public.”
However, the court’s conservative justices have questioned where the line should be drawn between someone’s conduct, which can be legally punished, and a status they are unable to change, which cannot be punished. They also suggested that homelessness is a complex policy problem and questioned whether courts should be responsible for managing it.
The conservative justices seemed especially receptive to this obviously-true notion that judges shouldn’t be writing the laws.
Uh oh. Democrats are going to have to actually do some governing instead of throwing money at people camping out on public sidewalks and parks.