Free Republic

In a 6-3 ruling late last month, Justice Amy Coney Barrett minced no words when it came to so-called “universal injunctions,” lower-court rulings that extended far beyond that court’s jurisdiction. “It is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive,” Barrett wrote in the decision. “That goes for judges, too,” Barrett added. “When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too.” That decision, by the way, did not decide the merits of the case in...

Wednesday’s decision by the Ninth Circuit Court of Appeals builds on a 2018 ruling involving the city of Boise, which found a person cannot be punished for sleeping in public if there’s nowhere else for them to go. A federal appeals court Wednesday upheld a ruling that found the city of Grants Pass in southern Oregon violated the constitutional rights of people experiencing homelessness through a series of ordinances designed to prevent sleeping outside on public property.In a 2-1 decision, judges on the Ninth Circuit Court of Appeals largely upheld a 2020 injunction issued by U.S. Magistrate Judge Mark Clarke,...