Justice Neil Gorsuch suggested that even without the Eighth Amendment to rely upon, a homeless person might be able to invoke other common-law defenses to avoid punishment if they had nowhere else to go. “Do you concede that there are instances in which a necessity defense, long recognized at common law, would apply to eating […]
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The Ninth Circuit Court of Appeals ruled that the city’s ordinances were foreclosed by the appeals court’s landmark 2019 decision in Martin v. City of Boise. In Martin, a group of homeless plaintiffs had sued Idaho’s largest city to stop it from enforcing criminal provisions that made it a misdemeanor to camp in public places. […]
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The Ninth Circuit Court of Appeals ruled that the city’s ordinances were foreclosed by the appeals court’s landmark 2019 decision in Martin v. City of Boise. In Martin, a group of homeless plaintiffs had sued Idaho’s largest city to stop it from enforcing criminal provisions that made it a misdemeanor to camp in public places. […]
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