On Thursday, U.S. Court of Appeals Judge for the Ninth Circuit, Patrick Bumatay, criticized a district court order blocking San Francisco from enforcing ordinances that prohibit unhoused individuals from sleeping, lodging, or camping on public property. Judge Bumatay referred to the preliminary injunction as a “radical interpretation” of the Constitution.
Showing his dissent from a Ninth Circuit opinion which upheld the injunction, Judge Bumatay argued that U.S. Magistrate Judge Donna M. Ryu of the Northern District of California exceeded the circuit’s precedent. According to him, Judge Ryu’s decision suggesting that the city’s enforcement is likely in contravention of the Eighth Amendment’s prohibition on cruel and unusual punishment, goes beyond the existing legal guidelines.
For a more in-depth look into Judge Bumatay’s dissenting opinion, visit: law.com/nationallawjournal.
Alternatively, for a direct look into Judge Bumatay’s full dissenting report, access: cdn.ca9.uscourts.gov.