And then there’s SCOTUS: on camping ordinances and “interference”
The Democrats aren’t having what you’d call a good day. Mama said there’d be days like this, and mama was right.
SCOTUS has handed down some important rulings that didn’t go the left’s way. The first is to allow anti-camping ordinances, and the second is to more narrowly interpret the “interference” statute under which the J6 defendants have been prosecuted/persecuted.
Here’s the first:
Today, the U.S. Supreme Court decided whether cities should enforce anti-camping ordinances against the homeless in an Eighth Amendment challenge to an Oregon law. The Court held 6–3 that cities may enforce anti-camping ordinances against homeless people even when insufficient shelter beds are available.
Justice Gorsuch delivered the opinion of the Court, which the Chief Justice and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Thomas wrote a concurring opinion. Justice Sotomayor wrote a dissenting opinion, which Justices Kagan and Jackson joined.
So this one broke down in the usual 6/3 conservative/liberal split.
The reasoning:
The Court held that “[t]he enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.”
The Eighth Amendment states, “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The majority expounded on the history of the Eighth Amendment, which “has always been considered, and properly so, to be directed at the method or kind of punishment,” not what conduct may be punished.
The left continually tries to use the process of legal interpretation to expand the law in the ways the left wishes it would go. They didn’t succeed this time; this SCOTUS decision allows localities to stop their streets from becoming tent cities or worse.
The second decision was on something that should have been a no-brainer – the “liberal” interpretation and stretching of a law to new and partisan political purposes:
In a big decision today, the Supreme Court, in a split that saw KBJ siding with the Roberts majority and ACB writing the dissent joined by Sotomayor and Kagan, rejected the use of The Sarbanes-Oxley Act of 2002 against a J6 defendant, ruling the statute only applied to interference with records or evidence, not interference with an official proceeding. This has implications not only for other J6 defendants, but also the DC court charges against Trump.
Note the split there; highly unusual.
From the opinion:
The Sarbanes-Oxley Act of 2002 imposes criminal liability on anyone who corruptly “alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding.” 18 U. S. C. §1512(c)(1). The next subsection extends that prohibition to anyone who “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.” §1512(c)(2). We consider whether this “otherwise” clause should be read in light of the limited reach of the specific provision that precedes it.
This is a classic method of judicial interpretation of statutes. Again, the left wanted to use this statute in novel ways for political purposes to punish their enemies.
Good day for the Court, for the J6 defendants, and potentially for Trump.
ADDENDUM:
And then there’s the agency case, with a huge win for the right in overruling Chevron. This is a long-hoped-for victory for the right:
The Supreme Court upended the federal regulatory framework in place for 40 years, expanding the power of federal judges to second-guess agency decisions over environmental, consumer and workplace safety policy, among other areas.
The 6-3 decision, along ideological lines, discards a 1984 precedent directing federal courts to defer to agency legal interpretations when the statutory language passed by Congress is ambiguous. Conservative legal activists, Republican-led states and some business groups have argued in recent years that the 1984 case, Chevron v. Natural Resources Defense Council, allows agenda-driven regulators to push the limits of their power.
By abandoning the doctrine called Chevron deference, the justices have given parties unhappy with agency decisions more opportunities to overturn regulations by persuading federal judges that agency officials exceeded their authority.
Again the SCOTUS decision was split along the usual political lines.
The other day I said the Roberts court was cowardly at times, although it was brave in overruling Roe. I’d say this is another brave decision, and a potentially far-reaching one.
According to PowerLine, the SC has today also reversed its previous Chevron ruling, a big win for those of us opposed to the administrative state. By a “normal” 6-3 majority.
FOAF:
I included an “addendum” on that. A huge decision.
The Oregon Law being overturned will certainly hit close to home. Now the citizens can hold their local city councils responsible for trashing all the public spaces, without said council members hiding behind court decisions. It will cause the insane, leftist councils to be replaced by more reasonable city administrators, and that will go a long way to renewing America.
Yeah, the Chevron thing is perhaps the biggest win IMO. A slowing down and even a slight reversing of the creeping power of the both the Executive branch and the administrative state.
Kurt Schlicter called it: “This is the Democrats worst week since Appomattox.”
ACB, seems she is kind of all over the place.
On item 2, didn’t some ahole us attorney already threaten if SCOTUS did this they would drag the J6 people back into court with some new charges?
Yes he did
https://x.com/FreeStateWill/status/1806774015014420990
Good news from the SC! We may be moving back ever so little towards being the representative republic we were designed to be, rather than the centrally-controlled monstrosity we have become.
The Eighth Amendment’s “cruel and unusual” was aimed at the appalling execution method of hanging, drawing, and quartering, which was still in vogue in Britain at that time. Being told not to sleep outside in a public place is not the same at all. And further on the Eighth, surely the prohibition of “excessive fines” applies to the Trump “fraud” case in which no one was defrauded.
J6 people who only had an obstruction charge will benefit. But apparently on a plea deal, any other charges can be reinstated (recharged) if the obstruction charge becomes null. (this is what I heard, not a lawyer)
The homeless ruling is huge!
I’m not sure if there will be any impact in blue cities in the 9th circuit due to local politics. There is a lack of political will to touch homeless in blue area by the local politicians. To much corruption, excuse me, funding for homeless that I’m sure influences local politicians.
I think la just built a high rise to house homeless around $600k a unit. Near me a motel 6 was purchased to house homeless during Covid, and now it’s being gutted to the studs I’m sure for modifications for long term
Stays for homeless. I’ve read other multi family purchases for homeless also need extensive renovations/ modifications to be suitable for homeless. Which is why so many of them are empty.
May be I’ll be surprised and something positive will happen in the areas I work in Southern California.
It’s important to remember something about the SCOTUS: it’s a committee. We don’t usually think about it that way, but it’s true, and it shows all the same dynamics.
There’s a cynical saying among Court watchers and some Justices: ‘five votes can do anything’. But here’s the thing about the SCOTUS (or a 3 judge or _en banc_ review panel at the appellate level): it’s a group.
A single judge at the district court level reaches his conclusion based on his own understanding of the law and the arguments, and with whatever level of personal integrity and intellectual honesty he brings to bear. He doesn’t have to negotiate with someone else to make a ruling.
But an appeals panel, or the SCOTUS, they have to negotiate. To reach that five vote majority, arguments get made, countered, debated. Trade offs happen. They don’t admit it but everyone knows it’s true, votes get traded within the SCOTUS just as they do the Senate. “OK, I’ll concur on you interpretation of _United States vs. Jones_ if you’ll refuse to give your support to your fellows on _Smith vs. Smith_.
Politics happens on the SCOTUS.