Martin v. City of Boise

And in further en banc news, the Ninth Circuit will not reconsider its decision that Boise, Idaho’s ban on homeless people sleeping outside is cruel and unusual when there is no access to alternative shelter. A concurrence castigates “dissentals” that “read more like petitions for writ of certiorari on steroids, rather than reasoned judicial opinions.” One dissental discusses the circuit split and trots out a vivid parade of horribles, while another explains the view that the Cruel and Unusual Punishments Clause does not impose substantive limits on what conduct a state may criminalize.

Tags: 2019, Cruel and Unusual Punishment, En Banc, Ninth Circuit

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