Courts as Police, Legislators, and “Homeless Policy Czars”? What are the Implications of Grants Pass on Local Policing and Public Safety?
Communities across the country are grappling with the complex issues presented by growing homeless encampments that have filled parks, blocked building entrances, and overrun sidewalks. Some observe that their ability to find effective, compassionate solutions have been impacted by the Ninth Circuit opinion in the City of Grants Pass v. Johnson, et al., holding that laws regulating camping on public property constitute “cruel and unusual punishment.”
In a lengthy series of opinions about these purported new rights of the homeless, the Ninth Circuit denied rehearing en banc, setting up a showdown in the Supreme Court where cities, law enforcement, disability rights advocates, property owners, and homeless advocates are looking for a final resolution to the important balance of Constitutional rights and Separation of Powers concerns.
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Partner, Quinn Emanuel
John F. Bash is an American attorney who served as the United States Attorney for the Western District of Texas from 2017 to 2020. After graduating from Harvard Law School, Mr. Bash clerked for Judge Kavanaugh during his first year on the bench and went on to clerk for Justice Antonin Scalia. He then served as an Assistant to the Solicitor General in the U.S. Department of Justice, where he argued ten cases in the United States Supreme Court. He also served briefly as Special Assistant to the President and Associate Counsel to the President before his appointment as United States Attorney.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Partner, King & Spalding LLP
Former U.S. Attorney for the Eastern District of California, a 34-county district with an area that stretches from the Oregon border to Bakersfield, Greg Scott is an experienced trial lawyer who represents major companies facing government investigations and litigation, with a focus in the healthcare, retail, and construction industries. He has extensive knowledge on matters involving consumer protection, construction disputes, the Foreign Corrupt Practices Act (FCPA) and the False Claims Act (FCA).
Greg represents corporations under investigation by state district attorneys concerning potential violations of consumer protection laws, as well as corporations operating senior assisted livingfacilities under investigation by the state attorney general regarding potential violations of elder abuse laws. In addition, he represents construction companies under investigation by state district attorneys when employees are involved in serious accidents at worksites.
A retired Lieutenant Colonel after serving more than 20 years in the California Army National Guard & United States Army Reserve, Greg went on to become a deputy district attorney in Contra Costa County and twice-elected District Attorney of Shasta County. He also served as an Adjunct Professor of National Security Law at the University of the Pacific, McGeorge School of Law following his first term as U.S. Attorney for the E.D. of California. Between his two terms as U.S. Attorney for the E.D. of California, Greg was the vice chair of the white-collar defense and corporate investigations practice at an AmLaw 50 firm.