First, the cruel and unusual punishment clause governs which punishments are permitted. Not what conduct can be prohibited. Second, no precedent supports the ninth ciuirule. Instead they misread robinson to bar any punishment for inluntary conduct linked to a status. But robinson tells only that states cannot outlaw the stu of drug addiction. It made clea can prohibit conduct like drug us could ts court should not rewrite robinson sixeces later third,heinth circuits approach has proven unworkable. The eighth amendment does not tell courts who is involuntarily homeless, what shelter is adequate, or what time, place and manner relations are allowed. But in 35 suits and counting federal courts areeciding everything from the exact size ofampsites to the adequacy of empty beds at specific shelters the Gospel Rescue Mission in grants pass. And cities are struggling to apply arbitrary shifting standards in the field. This court should reverse and and the failed experiment which has fueled the
Laws prohibit speciconduct in debt and are essential to Public Health and safe. The night circuit ties cities hands by constitutional lysing the policy debate over how to address growing encampments. Its holding that the ace amendment barsaws passed for three reasons. Rst, the cruel and unusual punishment clause governs which punishments are permitted, not what conduct can be prohibited. Second, no precedent supports the ninth circuits rule. Respondents abandon itsnce and they misre robinson to bar any punishment for invry conduct thats linked to a status. Robinson held only thats cannot outlaw the status of drug addiction. It made clear they can prohibit conduct like drug use. This court should notrite robinson six decades later. The ninth circuits ap has proven unworkable. The eighth amendment does not tell courts who is in via involuntary homeless, what shelters adequate what time, place and manner reons are allowed but in 35 cou several courts now deciding everything from the exact
Lot of snow. Several feet has fallen over the past few days. Lets take you live to the south bay where there are flood rescue operations underway. The street looks more like a river. Our janine de la vega is in hollister. We will bring here in in just a moment. Lets go straight to Steve Paulson with the forecast. Were getting good news in the north bay. Theyre not getting the rain. Good. The Russian River will decrease and the napa river. It should go down. Good. Still rain towards the Santa Cruz Mountains that doesnt need more. Parts of the peninsula and east bay. It looks like the rain will be more towards the south bay and apartment cruise mountains tonight and tomorrow. A couple breaks in there. We will need a break. A serious side of a blizzard. Most of truckee and tahoe have been without power for 12 hours. Five to 7 feet reported. The blizzard warning continues until noon. The pictures coming out, echo summit, i saw caltrans district 3 shot. The snow is about this high. Well, yo
And im also tracking thderstor in eastern iowa. I will have the latest on matthew Hurrican Matthew. Also tonight no flood damage but a big Financial Financial to overcome in the corridor this area may be ideal for shoppers but not necessarily for drivers. We will tell you what we are doing about the traffic issue. Four legged cheerleader thats creating a lot of smiles. This is a dose of happiness. This is fox 28 news at 9. We will take you like to florida for an update on Hurrican Matthew in just a moment. First im in the weather with meteorologist Rebecca Kopelman in for terry. There is severe threatening parts of eastern iowa. We do have strong storms that will be possible as we head through the night tonight. They are starting to move in. Moving. Now what im keeping my eye on is further down to the south. There south of i80 we start t have this line o storms and move on in. We could have storms that pop little bit of a punch. They do have a lot of lightning and so where starting to
Of numbers. Ifill all that and more on tonights pbs newshour. Major funding for the pbs newshour has been provided by some say its a calling. Some say they lost someone they loved. Many say its to save lives, as, many and as often as possible. Theres 100 reasons why someone becomes a doctor, but at m. D. Anderson, its because theres nothing and we mean nothing we wont do in making cancer d history. Lincoln financial committed to helping you take charge of your financial futuren and with the ongoing support of these institutions this program was made possible by the corporation for public broadcasting. Hipo and by contributions to your pbs station from viewers like you. Yo thank you. Woodruff a president ial broadside today, aimed at donald trump. President obama took on the man who is running to succeed him, in his strongest terms yet. I think the republican nominee is unfit to serve as president. I said so last week and he keepa on proving it. Woodruff the rebuke came at a news confer