• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Digital News Updates
  • Home
  • News
  • Politics
  • Business

Attorney General Knudsen calls on Supreme Court to overrule restrictions on homeless camp bans

September 26, 2023

Montana Attorney General Austin Knudsen, in a petition filed yesterday, led a coalition of 20 attorneys general in asking the Supreme Court of the United States (SCOTUS) to reverse a lower court’s decision that prohibits states and local governments from enforcing laws that prevent public spaces from becoming homeless encampments.

In the petition for a writ of certiorari submitted Monday in the case of Johnson v. City of Grants Pass, the attorneys general argue that the Ninth Circuit’s 2018 decision leaves the states powerless to help relieve the problem, constitutionally the states have criminal law and land-use policy authority, and that the decision is an outgrowth of the “evolving standards of decency” jurisprudence.

“The Ninth Circuit’s holdings are wrong on at least two levels. First, the Constitution nowhere strips States of the power to regulate use of public spaces. It empowers States and guarantees an inviolable sovereignty meant to address local issues like homelessness,” the attorneys general wrote in the brief. “Second, the Ninth Circuit relied on this Court’s ‘evolving standards of decency’ jurisprudence, which lacks textual, historical, or structural support. The Court should put that troublesome jurisprudence to bed once and for all.”

In 2018, the Ninth Circuit wrongly found that the Eighth Amendment provided the right to “sleep, camp, and defecate in public spaces.” Then in 2023, the court went even further to hold that the Eighth Amendment prevents civil fines for “engaging in involuntary, unavoidable life sustaining acts.” Meanwhile, cities in Montana and across the western United States are struggling to combat homelessness in their communities with their hands tied by the Ninth Circuit ruling.

For example, in Montana, Missoula had 60 separate encampments across its 400 acres of public parks as of August 2023. However, the city is restricted in its ability to combat the issue following the 2018 decision that said jurisdictions must have bed space that outnumbers homeless persons before enforcing an anti-camping ordinance. Since the city cannot meet that requirement, residents are forced to deal with dirty and unsafe parks, vehicles “full of human waste,” and debris clogging the city’s irrigation and waterways. Similar problems are occurring in other Montana cities including Billings, Bozeman, and Kalispell.

“When it comes to public encampments, States have significant land interests. States regulate public encampments to protect natural resources, prevent wildfires, preserve the value of recreation, and maintain an area’s dignity and public value,” the attorneys general wrote. “The Ninth Circuit’s decision leaves States unable to protect those interests.”

Attorneys general from Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and West Virginia also joined the brief led by Montana and Idaho.

Click here to read the petition.

PRESS RELEASE PROVIDED BY MONTANA DEPARTMENT OF JUSTICE

Filed Under: News

Related Articles:

  • Pentagon Consolidates Arms-Transfer Agencies Under Acquisition Chief
  • Daines Says Tariff on Russian Palladium Safeguards Montana Mining
  • Army Doctrine Writers Embrace AI to Speed Knowledge to Force
  • January inflation cools to 2.4%, lowest since May
  • War Department, USDA Team Up on National Security
  • Robins Air Force Base Laser-Focused on Aircrew Eye Protection

Primary Sidebar

— Advertisement —

Digital News Updates Logo

Recent News Posts

  • Clinton Tells House Panel He Saw No Warning Signs With Epstein
  • State Extends Property Tax Filing Deadline
  • Daines Visits Stillwater Mine
  • Army Doctrine Writers Embrace AI to Speed Knowledge to Force

Recent Politics Posts

  • Gianforte Discusses Tax Cut Priorities
  • Newsom OKs $590M loan for Bay Area public transportation
  • Dalio backs bipartisan proposal to cap yearly U.S. budget deficits
  • Climate and energy experts praise Trump’s Endangerment Finding repeal

Recent Business Posts

  • Paramount Skydance Seals $110B Deal for Warner Bros. Discovery After Netflix Bows Out
  • Knudsen Secures $29.5M Settlement with Vanguard in Coal Market Lawsuit
  • Energy Stocks Lag as Oil Prices Ease
  • Fed Officials Signal Patience on Rate Cuts

Copyright © 2026 Digital News Updates, All Rights Reserved.