Politicians on both sides are seeking legal power to clear homeless camps
Image: Amanda Lucier/NYT
US lawmakers across the political spectrum are asking the Supreme Court to overturn two recent court decisions limiting the ability of local governments to enforce camping bans on homeless residents.
🤔 What’s going on?... Over the past month-and-a-half, dozens of organizations and lawmakers from both sides of the aisle – including California Gov. Gavin Newsom (D) and a group of 20 Republican state AGs – have filed amicus briefs urging the Supreme Court to strike down a pair of Ninth Circuit Court rulings from 2018 and 2022 concerning homelessness.
- Collectively, the rulings deem it unconstitutional for cities to clear homeless camps or issue citations to campers, unless local governments can also offer them adequate housing.
🗣️ The arguments: Judges on the Ninth Circuit Court previously ruled that enforcing anti-camping restrictions on people who don’t have “access to adequate temporary shelter” is a violation of the 8th Amendment’s ban on cruel and unusual punishment. Homeless rights advocates also contend that local governments should focus their efforts on solving the root causes of homelessness, instead of penalizing its victims.
On the flip side, many city leaders, civic groups, business organizations, and law-enforcement officials have expressed frustration with the Ninth Circuit’s rulings. These groups say the decisions prevent them from addressing a recent surge in homeless encampments that often place local residents and businesses in danger, since very few cities have enough shelter beds to serve their entire homeless populations.
📸 Big picture: An estimated 580,000 Americans are currently experiencing homelessness, with roughly half living in the nine Western states covered by the Ninth Circuit Court. The overall figure includes ~234,000 homeless individuals who sleep outdoors in tents or other places not intended for habitation, per a recent federal tally.
📊 Flash poll: In your opinion, should local governments be allowed to clear homeless camps without also offering alternative housing to all homeless residents?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that California and other states with large homeless populations should try to tackle the issue of homeless encampments by working to find permanent, stable housing for all residents who lack the proper resources.
- Others contend that Gov. Newsom’s recent flip-flop on homeless encampments is an admission that his and other Democrats’ claims that they have a compassionate strategy to “end homelessness” is untenable when facing high housing costs, mental illness, and addiction.
- “We need to house residents of homeless encampments even when there isn’t a crisis” –LA Times Editorial Board
- “Homeless camping ban has good optics so far. But is it a policy success — or a mystery?” –San Diego Union-Tribune Editorial Board
- “Blue America pleads for the Supreme Court’s help on homelessness” –Charles Lane, WaPo
Sprinkles from the Right
- Some commentators argue that many cities have their hands tied and are unable to do anything to address the homelessness crisis due to misguided laws forcing officials to attempt to house people who, more often than not, end up rejecting shelter when offered it.
- Others contend that the failed policies of Democratic city and state leaders’ have resulted in America’s current homelessness crisis, leaving those same leaders scrambling to come up with solutions to a large and highly complex problem of their own making.
- “Why San Francisco Is a Homeless Mecca” –WSJ Editorial Board
- “Cities coming to their senses on homeless encampments” –Washington Examiner Editorial Board
- “Can’t We Just Say Homeless Encampments Are Bad?” –Kayla Bartsch, National Review
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