The United States Court of Appeals for the 9th Circuit is not the only reason why cities across the West Coast have been overrun with plague-infected homeless camps, but the court is a big part of the problem.
Last week’s denial by the circuit for a full court review of the efforts of Grants Pass, Oregon, to address that city’s homelessness crisis creates an opportunity for the Supreme Court to step in and undo the 9th Circuit’s mistake. There is no Eighth Amendment right to camp in a public park — the 9th Circuit’s invention of such a right is spreading disease and chaos across the West, and the Supreme Court should fix the problem as soon as possible.
The Eighth Amendment has since been used to overturn sentences for crimes that were considered disproportionate, including life sentences for juvenile offenders. Never has the Eighth Amendment been used to invalidate a criminal statute entirely. Never, that is, until the 9th Circuit did exactly that in 2018.
The homeless population was already rising before Martin, but it has exploded since then. More than half of all unsheltered homeless people now live in California alone, and Los Angeles has over 70,000 homeless people in encampments today.
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