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Judicial overreach? Some say judge went too far in ordering L.A. to clear skid row
L A Times ^ | APRIL 25, 2021 6 AM PT | BENJAMIN ORESKES

Posted on 04/25/2021 8:49:07 AM PDT by BenLurkin

A stay would freeze the order from U.S. District Judge David O. Carter, including the requirement that the city put $1 billion in escrow to pay for the clearance, until the appeal was decided.

At the heart of Carter’s injunction is the argument that a long history of state-sponsored racism in Los Angeles has driven Black people into homelessness.

[T]here are several questions that an appellate court panel will likely ask, including whether government has committed a constitutional violation by failing to help homeless people get off the streets. Additionally, it will look to see if the fixes Carter is proposing are appropriate for a court to craft and whether they go beyond the bounds and expectations of what a judge should be doing.

Moreover, a range of lawyers across the ideological spectrum don’t believe a higher court will buy that Carter should dictate policies that are normally decided by elected officials. His order has created a situation in which lawyers for the intervenors in the case — the skid row-based anti-poverty group Los Angeles Community Action Network — find themselves partially in agreement with entities they routinely and harshly criticize: the city and county of Los Angeles.

Eric Tars, who represented seven homeless people in the landmark Boise vs. Martin decision, doesn’t want the 9th Circuit to embrace a view that temporary congregate shelter, not housing, is a solution for homeless people. Similarly, he doesn’t want the court to necessarily shoot down the idea that a judge in certain situations could step in and order a municipality to house people if it had failed to look after their safety. There are times when a judge should tell a city or county how to spend their money to help people, he said.

(Excerpt) Read more at latimes.com ...


TOPICS: US: California
KEYWORDS: benjaminoreskes; california; cdcalifornia; davidcarter; davidocarter; hollywood; losangeles; mediawingofthednc; partisanmediashill; partisanmediashills; rapinbilljudge; skidrow
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a range of lawyers across the ideological spectrum

Law has long been tainted by ideology, for for ideology to overwhelm the law to this extent signals the impending demise of the law.

1 posted on 04/25/2021 8:49:07 AM PDT by BenLurkin
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To: BenLurkin

“Judicial overreach? Some say judge went too far in ordering L.A. to clear skid row...”

And some say he didn’t go far enough.


2 posted on 04/25/2021 8:51:29 AM PDT by Bonemaker (invictus maneo)
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To: BenLurkin
"requirement that the city put $1 billion in escrow"

These politicians love spending billions they did not earn.

3 posted on 04/25/2021 8:52:55 AM PDT by UnwashedPeasant (Trump is the last legally elected U.S. President.)
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To: Bonemaker

I am waiting for some sheriff to say that a judge’s orders are not law.

You want me to clear skid row? Then the legislature should pass a law saying that we have to.


4 posted on 04/25/2021 8:55:09 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: BenLurkin

David O;. Carter is an activist Rapin Bill “judge”...


5 posted on 04/25/2021 8:55:51 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: BenLurkin

Why take care of our own people when there are millions of illegal aliens who need housing?


6 posted on 04/25/2021 8:59:06 AM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: BenLurkin

The City of LA has to fight this, all the way to SCOTUS if need be. Once one of these federal judges gets their claws in, they never let go and issue edict after edict. One of many examples was when Thelton Henderson got his claws into the CA prison system.


7 posted on 04/25/2021 8:59:30 AM PDT by j.havenfarm (20 years on Free Republic, 12/10/20! More than 3700 replies and still not shutting up!)
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To: Bonemaker

If they’d listened to my “Grind the homeless into dog food” proposal 40 years ago, there wouldn’t be this problem today.


8 posted on 04/25/2021 9:01:38 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: BenLurkin

So these fed judges can dictate billions of dollars for environmental policy to protect salmon, spotted owls, smelt, snails, and whatever other species of the day is, but can’t dictate L.A. house the homeless bums.


9 posted on 04/25/2021 9:03:30 AM PDT by shotgun
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To: shotgun

Dictate.

That is the problem.

Judges have become dictators.


10 posted on 04/25/2021 9:06:36 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: BenLurkin

‘State sponsored racism’. Oh yes by favoring certain ethnicities and classes of people over others based on political leanings and voting bloc’s.
Conservative white people need not apply.


11 posted on 04/25/2021 9:08:05 AM PDT by tflabo (Truth or tyranny )
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To: Organic Panic

“millions of illegal aliens who need housing”

In my area of Florida, probably half the people building houses are illegal aliens, about 40% are legal immigrants and maybe 10% are Americans of European stock.


12 posted on 04/25/2021 9:09:14 AM PDT by Brian Griffin
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To: BenLurkin

Was a judge needed to clear Union Station for the Oscars?


13 posted on 04/25/2021 9:11:39 AM PDT by mikey_hates_everything
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To: BenLurkin

‘some’ = one LA Times reporter


14 posted on 04/25/2021 9:12:18 AM PDT by SpaceBar
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To: SpaceBar

Plus various lawyers.


15 posted on 04/25/2021 9:13:16 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: BenLurkin

When things get out of whack.. Someone has to invoke discipline.

Families have some kids who try to do the right thing and do not need a heavy hand.. And some kids do. Left to their own devices, they end up in a mess.

Over the years society has changed. There is more gray areas... And Gray areas lead to dipping in where trouble lies. Temptation with no barriers.. And eventually what used to be taboo becomes acceptable.

I am appalled at what goes on today.. And don’t tell me it’s for the better.

Look at California and what has become a state run by ‘no discipline’ leaders and you have a descent into uncontrolled behavior and streets littered with tents and lost people.

Gray thinking gives the wrong side all kinds of room to be stupid.. And comes down on good people who give to society.


16 posted on 04/25/2021 9:26:15 AM PDT by frnewsjunkie
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To: Mr. K

Well technically they’re all vagrants, so the law already exists. Skid row has been simply tolerated for decades. LA has just written off the area and accepted it, and all the problems that come with it. I don’t know if a judge should have ordered anything, but at some point needed to say “hey, maybe we should do something”. At least roust them periodically and make them move.


17 posted on 04/25/2021 9:36:21 AM PDT by discostu (Like a dog being shown a card trick )
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To: j.havenfarm

“City goes to court to protect right to ignore most famous homeless district in the world”. Yeah that’s a headline they want.


18 posted on 04/25/2021 9:39:35 AM PDT by discostu (Like a dog being shown a card trick )
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To: BenLurkin

The homeless are very much with the times and very environmentally aware.

They all live off the grid, as all liberals should.


19 posted on 04/25/2021 9:42:45 AM PDT by SaxxonWoods (Any comment might be sarcasm, or not. It depends. Often I'm not sure either.)
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To: Bonemaker

I think it is what “clearing” was ordered. From the excerpt of the article I infer it was to provide housing because LA history of racism caused the high level of homelessness among Blacks. Heck with homeless population such as mentally ill veterans who are White.


20 posted on 04/25/2021 10:42:22 AM PDT by lastchance
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