Constitutional Law
Sep. 19, 2012
Constitution protects the homeless too
The 9th Circuit upheld a preliminary injunction preventing the city of LA from seizing property on Skid Row absent an objectively reasonable belief that the property is abandoned. By Erwin Chemerinsky of UC Irvine School of Law
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The 9th U.S. Circuit Court of Appeals' recent decision that the city of Los Angeles could not seize and immediately destroy the possessions of the homeless is clearly right as a matter of constitutional law and reflects some of the most important attributes we should expect of judges: compassion and common sense.
In Lavan v. City of Los Angeles, 2012 DJDAR 12545 (9th Cir. Sept. 5, 2012), the 9th Circuit affirmed a prelim...
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