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Constitutional Rights & the Public’s Health

City of Boise v. Martin

Overview

City of Boise v. Martin (U.S. Supreme Court denial of certiorari, Dec.16, 2019): The U.S. Supreme Court denied the City of Boise’s petition for certiorari on whether the enforcement of generally applicable laws regulating public camping and sleeping constitutes cruel and unusual punishment via the Eighth Amendment. In 2018, the Ninth Circuit Court of Appeals held that the Eight Amendment’s prohibition on cruel and unusual punishment bars localities from prosecuting people criminally for sleeping outside on public property when they have no home or other shelter to go to. After its issuance, Boise stated that the Ninth Circuit’s decision “effectively creates a constitutional right to camp.” Several cities and states supported Boise’s petition via amicus briefs. Read the Ninth Circuit’s decision hereRead the Supreme Court filings and certiorari denial here.

View all cases in the Judicial Trends in Public Health – January 15, 2020.

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