I have also written two other articles Grants Pass v. Johnson. First, I commented on whether the law actually criminalizes homelessness, or whether it criminalizes camping in public spaces. Second, I wrote about how courts have limited Robinson v. Californiaan inherently unoriginal precedent, but refuses to extend it.
Here, I will comment on another unusual aspect of the majority opinion: the extent to which the majority favored amicus briefs. In fact, Justice Gorsuch’s majority opinion cited not only briefs from the merits phase but also from certification phase briefs. The implication is clear: Even deep-blue jurisdictions from California and similar bastions of the left believe the Ninth Circuit’s precedent is wrong. They strongly urged the court to accept the case and overturned the case! Most people are happy to answer the prayers of these progressive enclaves.
The following are only partial quotes:
For example, we were told that “encampments have grown exponentially in recent years… resulting in an increase in homeless-on-homeless crimes.” Profile of California Sheriffs Association et al. as amicus curiae 21 (California Sheriff’s Briefing). California’s governor reports that camp residents face a higher risk of “sexual assault” and “sex work slavery.” Profile of California Governor G. Newsom amicus curiae 11 (California Governor’s Briefing). About the Washington State Sheriffs and Police Chiefs Association amicus curiae About pets. for certificates. 10 (Washington Sheriff’s Briefing).
Such problems also affect everyone differently. Often, camps are located in the city’s “poorest and most vulnerable neighborhoods”. Introduction to the City and County of San Francisco and more. as amicus curiae About pets. for certificates. 5 (Introduction to San Francisco Certificates); see also 2020 HUD Report 9.
Officials in Portland, Oregon, said more than 70% of the roughly 3,500 shelter beds they offered homeless people between April 2022 and January 2024 were turned down. Introduction to the League of Oregon Cities et al. as amicus curiae 5 (Oregon City Profile). Other cities told us, “The vast majority of homeless people do not actively seek shelter and refuse all services.” Profiles of Thirteen California Cities amicus curiae
3. The Department of Justice cites surveys showing that only “25-41%” of “homeless encampment residents” are “willing” to accept shelter beds.
In San Francisco, for example, thousands of people “sleep in tents and other temporary structures” every night. Introduction to the City and County of San Francisco and more. as amicus curiae 8 (San Francisco Briefing).
Judge Gorsuch relied on a “diversity” brief:
if a large amount a friend The brief before us proves one thing, and that is that the American people are still trying. Through their voluntary associations and charities, their elected representatives and appointed officials, their police and mental health professionals, they are working today to address the complexities of homelessness faced by the most vulnerable among us Showed the same energy and skill.
The court even cited all petitions for certiorari. I don’t recall ever seeing a list of certification phase briefings.
Grants Pass filed a petition for certiorari. Many states, cities and counties from the Ninth Circuit and across the country joined Grants Pass in urging the court to grant a review to evaluate Martin experiment. See section IB, above. We agree to do this. Chapter 601 United States___ (2024).3
3Supporters of the petition for certiorari in Grants Pass include: Albuquerque, Anchorage, Chico, Chino, Colorado Springs, Fillmore, Garden Grove, Glendora, Henderson, Honolulu, Huntington Beach, Las Vegas, Los Angeles, Milwaukee, Murrieta, Newport Beach, Orange, Phoenix, Placentia, Portland, Providence , Redondo Beach, Roseville, St. Paul, San Clemente, San Diego, San Francisco, San Juan Capistrano, Seattle, Spokane, Tacoma and Westminster; cities nationwide League of Cities, representing more than 19,000 U.S. cities and towns; California League of Cities, representing 477 California cities; Oregon League of Cities, representing 241 cities in Oregon; Idaho Association of Cities, representing 199 cities in Idaho; Arizona League of Cities, Represents all 91 Arizona municipalities; North Dakota Municipal League, consisting of 355 municipalities; Honolulu, San Bernardino, San Francisco and Orange Counties; National Association of Counties, representing 3,069 counties nationwide; California Association of Counties, Representing all 58 counties in California; Oregon District Association, representing all districts in Oregon; Washington State Municipal Bar Association, a nonprofit organization composed of attorneys representing 281 cities and towns in Washington; International Municipal Bar Association, representing cities, counties and districts nationwide Largest Lawyers Association; District Attorneys of Sacramento and San Diego Counties, California Sheriffs Association, California Police Chiefs Association, and Washington State Sheriffs and Police Chiefs Association; California Governor Gavin Newsom and San Francisco Mayor London Bush Reed; and 20 states: Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska California, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and Western Virginia.
Justice Sotomayor’s dissent charged the majority with citing only favorable amicus briefs:
Most people cited various a friend The briefing amplified Grants Pass’s belief that without the ability to criminalize homelessness, the region’s homeless crisis will be intractable. In doing so, most people choose to see only what they want. Many stakeholders support narrow rules Martin. look, e.G., Introduction to the City and County of San Francisco, etc.
Justice Gorsuch responded that the brief overwhelmingly supported the majority:
7Objection means we quote selectively Amici and “Just look at what [we] Ten thousand[t]” in their underwear. postalpage 24. above) asked us to review the case. Among them, the dissent claims to name only two public officials and two cities supporting its view. postal, 24-25. But even within this particular group, the dissent ignores the fact that everyone expresses deep dissatisfaction with their approach. Martin has been applied in practice. See San Francisco Briefing 15, 26 (“[T]The Ninth Circuit and its lower courts have repeatedly misused and overstretched the Eighth Amendment and “impeded San Francisco’s balanced approach to addressing the homelessness crisis”); City of Los Angeles Brief amicus curiae 6(“[T]his comprehensive reasons Martin . . . Questioning whether cities can enforce public health and safety laws”); California Governor’s Brief 3 (“In Martin, lower courts blocked efforts to clear the encampments while micromanaging what constitutes appropriate shelter”).For all the reasons we have explored, and for reasons advanced by many other cities, we do not believe there is any principled basis for a federal judge to govern something like this under the Eighth Amendment Martin.
Problems arise when the Ninth Circuit is to the left of San Francisco.
