By Rich Lowry
National Review Editor 

Homeless Encampments and the Constitution

 

December 26, 2019



The Supreme Court just ensured that the nation’s homelessness crisis will continue.

The court declined to take up an appeal of a ruling by the 9th Circuit Court of Appeals, covering the western United States, that homeless encampments are a de facto constitutional right.

In the case, stemming from a Boise, Idaho, ordinance, the 9th Circuit maintained that enforcing a prohibition against camping in public places is a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment.

A quick reminder. The Eighth Amendment says, “Excessive bail shall not be required, nor ex...



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