Amicus Curiae Brief — City of Grants Pass, Oregon, Petitioner v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated

Supreme Court briefSep 25, 2023

Ask Donna

What actually matters in this document.

Text

No. 23-175

================================================================================================================

In The

Supreme Court of the United States

---------------------------------♦--------------------------------CITY OF GRANTS PASS,

Petitioner,

v.

GLORIA JOHNSON AND JOHN LOGAN,

on Behalf of Themselves and All Others Similarly Situated,

Respondents.

---------------------------------♦--------------------------------On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The Ninth Circuit

---------------------------------♦--------------------------------BRIEF OF IDAHO, MONTANA AND

18 OTHER STATES AS AMICI CURIAE

IN SUPPORT OF PETITIONER

---------------------------------♦--------------------------------RAÚL R. LABRADOR

Attorney General

THEODORE J. WOLD

Solicitor General

JOSHUA N. TURNER

Chief Deputy

Solicitor General

Counsel of Record

AUSTIN KNUDSEN

Attorney General

CHRISTIAN B. CORRIGAN

Solicitor General

BRENT MEAD

Deputy Solicitor General

PETER M. TORSTENSEN, JR.

Assistant Solicitor General

IDAHO OFFICE OF THE

ATTORNEY GENERAL

700 W. Jefferson St.

Suite 210

Boise, ID 83720

(208) 334-2400

josh.turner@ag.idaho.gov

MONTANA DEPARTMENT

OF JUSTICE

215 N. Sanders

Third Floor

Helena, MT 59620

(406) 444-2026

christian.corrigan@mt.gov

Counsel for Amicus States of Idaho and Montana

[Additional Counsel Listed On Inside Cover]

================================================================================================================

STEVE MARSHALL

Attorney General

State of Alabama

MICHAEL T. HILGERS

Attorney General

State of Nebraska

TREG R. TAYLOR

Attorney General

State of Alaska

DREW H. WRIGLEY

Attorney General

State of North Dakota

TIM GRIFFIN

Attorney General

State of Arkansas

GENTNER F. DRUMMOND

Attorney General

State of Oklahoma

ASHLEY MOODY

Attorney General

State of Florida

ALAN WILSON

Attorney General

State of South Carolina

THEODORE E. ROKITA

Attorney General

State of Indiana

MARTY JACKLEY

Attorney General

State of South Dakota

KRIS W. KOBACH

Attorney General

State of Kansas

KEN PAXTON

Attorney General

State of Texas

JEFF LANDRY

Attorney General

State of Louisiana

SEAN D. REYES

Attorney General

State of Utah

LYNN FITCH

Attorney General

State of Mississippi

JASON MIYARES

Attorney General

Commonwealth of Virginia

ANDREW BAILEY

Attorney General

State of Missouri

PATRICK MORRISEY

Attorney General

State of West Virginia

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES .................................

ii

INTERESTS OF AMICI CURIAE .......................

1

SUMMARY OF THE ARGUMENT .....................

2

REASONS FOR GRANTING CERTIORARI .......

3

I.

The West Has Suffered For Five Years Under Martin’s Regime, And The Ninth Circuit’s Doubling Down Leaves State And

Local Governments Powerless To Help .....

5

II.

The Constitution Commits Criminal Law

And Land-Use Policy To State And Local

Governments, Not Federal Courts............. 12

III.

The Ninth Circuit’s Decision Is An Outgrowth Of The Evolving Standards Of Decency Jurisprudence, Which Is Not Textual,

Historical, Or Logical ................................ 17

A. The evolving standards of decency jurisprudence came out of Warren Court

dicta and has been promoted to the

substantive test for Eighth Amendment meaning ...................................... 18

B. The evolving standards of decency jurisprudence is a lawless standard that

has no regard for any of this Court’s

Eighth Amendment precedents ........... 21

C. The evolving standards of decency jurisprudence cannot be squared with

the text, structure, and history of the

Eighth Amendment ............................. 25

CONCLUSION..................................................... 29

ii

TABLE OF AUTHORITIES

Page

CASES

Atkins v. Virginia, 536 U.S. 304 (2002)................. 22, 23

Baze v. Rees, 553 U.S. 35 (2008) ........................... 26, 28

Boring v. Murillo, 2022 WL 14740244 (C.D. Cal.

Aug. 11, 2022) ............................................................6

Brecht v. Abrahamson, 507 U.S. 619 (1993) ...............13

Bucklew v. Precythe, 139 S. Ct. 1112 (2019) ......... 18, 25

Clark v. Cmty. for Creative Non-Violence, 468

U.S. 288 (1984) .....................................................16

Coker v. Georgia, 433 U.S. 584 (1977) ........................24

Dobbs v. Jackson Women’s Health Org., 142

S. Ct. 2228 (2022) .......................................... 25, 26

Edmo v. Corizon, Inc., 935 F.3d 757 (9th Cir.

2019) ........................................................................24

Estelle v. Gamble, 429 U.S. 97 (1976) ....... 18, 21, 22, 26

Farmer v. Brennan, 511 U.S. 825 (1994) ....................22

Fund for Empowerment v. City of Phoenix, 2022

WL 18213522 (D. Ariz. Dec. 16, 2022) ......................6

Furman v. Georgia, 408 U.S. 238 (1972) ....................26

Glossip v. Gross, 576 U.S. 863 (2015) ................... 18, 21

Graham v. Florida, 560 U.S. 48 (2010).......................23

Gregg v. Georgia, 428 U.S. 153 (1976) .................. 25, 26

Heath v. Alabama, 474 U.S. 82 (1985) ........................13

Hopkins v. Sec’y of State Delbert Hosemann, 76

F.4th 378 (5th Cir. 2023) .........................................24

iii

TABLE OF AUTHORITIES—Continued

Page

Ingraham v. Wright, 430 U.S. 651 (1977) ...................14

Johnson v. City of Grants Pass, 72 F.4th 868 (9th

Cir. 2023) .................................... 2-4, 6, 11, 13, 26, 27

Kahler v. Kansas, 140 S. Ct. 1021 (2020) ...................15

Kennedy v. Louisiana, 554 U.S. 407 (2008)...............23

Konigsberg v. State Bar of Cal., 366 U.S. 36

(1961) .......................................................................27

Lane Cnty. v. Oregon, 74 U.S. 71 (1868) .....................15

Leland v. Oregon, 343 U.S. 790 (1952) .......................15

Light v. United States, 220 U.S. 523 (1911) ...............15

Manning v. Caldwell for Roanoke, 930 F.3d 264

(4th Cir. 2019)..........................................................16

Marbury v. Madison, 5 U.S. 137 (1803) ......................25

Martin v. City of Boise, 902 F.3d 1031 (9th Cir.

2018, opinion amended and superseded on denial of reh’g, 920 F.3d 584 (9th Cir. 2019)) ........2, 5-7

McCulloch v. Maryland, 17 U.S. 316 (1819) ...... 27, 28

Miller v. Alabama, 567 U.S. 460 (2012) .... 17, 21, 23, 28

Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S.

519 (2012) ................................................................12

Penry v. Lynaugh, 492 U.S. 302 (1989) .......................22

Powell v. Texas, 392 U.S. 514 (1968) ..................... 13, 14

Robinson v. California, 370 U.S. 660 (1962) ..............14

Roper v. Simmons, 543 U.S. 551 (2005) .......... 17, 23, 25

Shinn v. Shinn, 142 S. Ct. 1718 (2022) ......................13

iv

TABLE OF AUTHORITIES—Continued

Page

Smith v. Follette, 445 F.2d 955 (2d Cir. 1971) ............14

Sossamon v. Texas, 563 U.S. 277 (2011) .....................12

Stanford v. Kentucky, 492 U.S. 361 (1989) .................23

Steamship Co. v. Emigration Comm’rs, 113 U.S.

33 (1885) ..................................................................20

Takahashi v. Fish and Game Comm’n, 334 U.S.

410 (1948) ................................................................15

Trop v. Dulles, 239 F.2d 527 (2d Cir. 1956) ..............19

Trop v. Dulles, 356 U.S. 86 (1958) ..................... 17-21

Trozzi v. Lake Cnty., Ohio, 29 F.4th 745 (6th Cir.

2022) ........................................................................22

United States v. Grant, 9 F.4th 186 (3d Cir.

2021) ...................................................... 18, 20, 21, 27

United States v. Moore, 486 F.2d 1139 (D.C. Cir.

1973) ........................................................................14

Vasquez v. Hillery, 474 U.S. 254 (1986) ......................24

Warren v. City of Chico, 2021 WL 2894648 (E.D.

Cal. July 8, 2021).......................................................5

CONSTITUTIONAL PROVISIONS

U.S. CONST. amend. VIII .....1, 2, 6, 13, 14, 17-26, 28, 29

U.S. CONST. amend. X .................................................12

v

TABLE OF AUTHORITIES—Continued

Page

STATUTES

N.J. Stat. Ann. § 17:15B-1.12(a) .................................15

Neb. Rev. Stat. Ann. § 2-3201 .....................................16

W. Va. Code R. § 58-32-1.1 ..........................................16

W. Va. Code R. § 58-32-2.3 ..........................................16

RULES

Sup. Ct. R. 37.2 .............................................................1

OTHER AUTHORITIES

1 W. & M., Sess. 2, c. 2 ............................................. 26

4 William Blackstone, Commentaries 376 (Joseph Chitty ed. 1826) ..........................................25

8 ENGLISH HISTORICAL DOCUMENTS, 1660-1714

(Andrew Browning ed. 1953) ..................................26

Alexis Rivas et al., Human Feces, Other Biohazards on San Diego Sidewalks Cost City Nearly

$1 Million Every Year, 7 SAN DIEGO (Nov. 26,

2021) (https://tinyurl.com/2p96wx9v) .................. 8, 9

Anna Almendrala, Fecal Bacteria In California’s

Waterways Increases With Homeless Crisis,

CAL. HEALTHLINE (Jan. 6, 2020) (https://tinyurl.

com/39nxpemf) ..........................................................8

City & Cnty. of S.F. Office of the Controller,

Street & Sidewalk Maintenance Standards

Calendar Year 2022 Annual Report 10 (2023)

(https://tinyurl.com/5465yw7v) .................................8

vi

TABLE OF AUTHORITIES—Continued

Page

City of Missoula, Urban Camping Update Week

Ending August 11, 2023; August 25, 2023

(https://tinyurl.com/yfubacw2)..................................7

David Zahniser & Emily Alpert Reyes, With L.A.

City Hall infested by rats, one councilman

cites homeless crisis, L.A. TIMES (Feb. 8, 2019)

(https://tinyurl.com/46f5bujn) ...................................7

English Bill of Rights of 1689 ....................................27

Jack Davis, Medieval Diseases Running Rampant Throughout California’s Homeless Population, W. J. (Mar. 11, 2019) (https://tinyurl.

com/auamzem5) ........................................................7

Jade Cunningham, ‘It’s in desperate need of

TLC’: Feces, trash, drug paraphernalia litter

north Phoenix park, 12 NEWS (Apr. 14, 2023)

(https://tinyurl.com/4xxv35sa) ..................................8

James Bayard, A Brief Exposition of the Constitution of the United States (2d ed. 1840) ...............26

Jim Carlton, A Montana Town Faces a Homelessness Problem Similar to San Francisco

and L.A., WALL ST. J. (Sept. 2, 2023) (https://tinyurl.com/35uc952k) .................................................7

Joe Rodriguez, San Francisco Shifts From

Trashing Homeless Camps To Sanctioning

Them Amid COVID-19, NPR (May 14, 2020)

(https://tinyurl.com/3rfmn7hw) ..............................10

vii

TABLE OF AUTHORITIES—Continued

Page

Julie Sabatier, New rules aimed at homeless encampments in Portland could undermine

trust, according to researcher, OR. PUB. BROAD.

(May 21, 2021) (https://tinyurl.com/5n7kuckp)............9

Nick Bowman, Mayor Durkan again at odds

with Seattle council over homeless camps,

MY NW. (May 20, 2020) (https://tinyurl.com/

4d5366uu) ................................................................10

Phil Matier & Andy Ross, SF mayor plans crackdown on homeless camps, S.F. CHRON. (Apr. 8,

2016) (https://tinyurl.com/5n6v9s6v) .....................11

THE FEDERALIST NO. 45 ...............................................12

Tran Nguyen, ‘They’re everywhere’: Rats plague

San Jose’s largest homeless camp, SAN JOSÉ

SPOTLIGHT (Feb. 16, 2022) (https://tinyurl.com/

4vfus4y7) ...................................................................7

1

INTERESTS OF AMICI CURIAE

Families can no longer walk the streets of Portland, San Francisco, and Seattle in safety. The pungent

smell of urine and human feces fills the air. Hypodermic needles used for narcotics cover the ground. And

rats carrying diseases that were once thought eradicated scurry from encampments to nearby businesses

and homes. These cities used to be beacons of the West,

but their sidewalks are now too dangerous to visit.

The States of Idaho, Montana, Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma,

South Carolina, South Dakota, Texas, Utah, Virginia,

and West Virginia (Amici States)1 are entrusted with

protecting their citizens’ health and safety. Their core

sovereign functions involve defining crimes and enforcing a criminal code within their borders. But the Ninth

Circuit believes that the Eighth Amendment prohibits

states from enforcing laws that prevent public spaces

from becoming homeless encampments. The Constitution does no such thing. It commits to states broad and

general powers to provide for their citizens’ welfare, including by preventing the public health crises stirred

by homeless encampments.

For over 65 million Americans and over 40% of

the Nation’s land mass, the Ninth Circuit’s decision is

now the controlling law in federal courts. The Ninth

Circuit has had at least two opportunities to correct its

erroneous Eighth Amendment interpretation but has

1

Pursuant to Rule 37.2, Amici States provided timely notice

of this brief to all parties.

2

refused. Its entrenched holdings need this Court’s correction so that state and local governments can meet

the challenges their communities face.

Granting certiorari will also allow this Court to

course-correct its errant Eighth Amendment holdings. The Ninth Circuit relied on this Court’s “evolving

standards of decency” jurisprudence, and this case is

the unfortunate fruit of that standardless approach.

Until the Court grounds the Eighth Amendment in the

Constitution’s text, history, and structure, states will

continue to be on the receiving end of federal overreach. And their citizens will be forced to live with the

consequences of states’ eroded ability to address matters of local concern. Certiorari is warranted.

SUMMARY OF THE ARGUMENT

In 2018, the Ninth Circuit discovered an Eighth

Amendment right to sleep, camp, and defecate in public spaces. Martin v. City of Boise, 902 F.3d 1031 (9th

Cir. 2018), opinion amended and superseded on denial

of reh’g, 920 F.3d 584 (9th Cir. 2019). The panel below

went further and held the Eighth Amendment even

prevents civil fines for “engaging in involuntary, unavoidable life sustaining acts.” Johnson v. City of Grants

Pass, 72 F.4th 868, 895 (9th Cir. 2023). While homelessness has surged in the years that followed, state and

local government efforts to address their community

concerns have been thwarted—time and again. All the

while, their citizens suffer.

3

The Ninth Circuit’s holdings are wrong on at least

two levels. First, the Constitution nowhere strips states

of their right to regulate use of public spaces. It empowers states and guarantees an inviolable sovereignty meant to address local issues like homelessness.

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.

REASONS FOR GRANTING CERTIORARI

This case presents compelling reasons to grant certiorari. Four separate opinions from Judges O’Scannlain,

Collins, M. Smith, and Bress—joined by a host of their

colleagues—ably dismantle the Ninth Circuit’s legal

analysis. Those opinions describe the Ninth Circuit’s

holding as “deeply flawed,”2 “egregiously wrong,”3

“clearly wrong,”4 “untenable,”5 “dubious,”6 “deeply damaging,”7 and a “startling misapplication of Supreme

2

Grants Pass, 72 F.4th at 943 (Collins, J., dissenting from

denial of rehearing en banc).

3

Id.

4

Id. at 945 (Bress, J., dissenting from denial of rehearing en

banc).

5

Id. at 925 (O’Scannlain, J., respecting the denial of rehearing en banc).

6

Id.

7

Id.

4

Court precedent,”8 an “inventive, judge-made novelty,”9

“a strange and sweeping mandate,”10 and an “objectively unreasonable constitutional straitjacket.”11 The

Court will be hard-pressed to find a decision more

flogged by members of its own court.

Amici States share the concerns raised in the opinions dissenting from denial of rehearing. The excellent

legal analysis need not be repeated here, and Amici

States instead commend the Court’s close attention to

each of those opinions. The States write now to highlight particular problems that the Ninth Circuit’s holding poses for state and local governments. Those

problems have worsened in the few years since the

Ninth Circuit divined a personal right to camp in cities, and they have shown no signs of relenting.

The Ninth Circuit is not going to fix the mess it

made for much of the country. This Court’s intervention is needed.

8

Id. at 929

Id. at 930

10

Id. at 925

11

Id. at 944 (Collins, J., dissenting from denial of rehearing

en banc).

9

5

I.

The West Has Suffered For Five Years Under Martin’s Regime, And The Ninth Circuit’s Doubling Down Leaves State And

Local Governments Powerless To Help.

When the Ninth Circuit decided Martin v. City of

Boise in 2018, it claimed its holding was “a narrow one”

that left local governments latitude to regulate public

encampments. 920 F.3d at 617. Judges dissenting from

denial of rehearing en banc in Martin were not reassured. And unfortunately, their “fear that the panel’s

decision will prohibit local governments from fulfilling

their duty to enforce an array of public health and

safety laws” has come to pass. Id. at 596 (M. Smith, J.,

dissenting from denial of rehearing en banc). Western

States have been hogtied and repeatedly prevented

from addressing the serious issues public encampments inflict on their communities. The Ninth Circuit’s

five-year experiment needs to be stopped.

State and local governments in the Ninth Circuit

have tried various ways to address public encampments. These efforts are regularly met with litigation

and shut down by federal courts. For example, the City

of Chico sought to enforce its anti-camping ordinance

by “construct[ing] an outdoor temporary shelter facility at the Chico Municipal Airport that accommodate[d] all 571 of the City’s homeless persons.” Warren

v. City of Chico, 2021 WL 2894648, at *3 (E.D. Cal. July

8, 2021). The district court understood Martin to require “indoor” beds—not shelter beds—before the City

could enforce its anti-camping prohibitions, so it enjoined Chico’s ordinance. Id. at *3-4.

6

The City of Santa Barbara limited its anti-camping

ordinance to downtown areas and made it enforceable

only between 7:00 a.m. and 2:00 a.m. Boring v. Murillo,

2022 WL 14740244, at *6 (C.D. Cal. Aug. 11, 2022). But

it was still sued to stop enforcement of the more modest limitations. Id. And even though nothing prevented

individuals from sleeping or camping in other areas of

Santa Barbara, the court held that the plaintiffs stated

a plausible Eighth Amendment claim under Martin.

Id. The City’s ordinance remains under litigation today.

The City of Phoenix directed its officers to make

individualized assessments before citing individuals

under its anti-camping ordinances, but that did not

stop a court from enjoining enforcement of the ordinances wholesale. Fund for Empowerment v. City of

Phoenix, 2022 WL 18213522, at *3 (D. Ariz. Dec. 16,

2022). The Court held that the ordinances likely failed

under Martin and Grants Pass because “the unsheltered in the city outnumber the available bed spaces.”

Id. The Ninth Circuit’s purportedly “narrow” holding

has instead taken on a broad application: all jurisdictions must demonstrate that available bed space

outnumbers homeless persons before even thinking

about enforcing an anti-camping ordinance.

The impact of that approach has had far-reaching

consequences. Dense population centers are not the only

places suffering serious health and safety concerns.

Smaller towns like Missoula, Montana are now facing

encampments throughout their public spaces. As of

August, Missoula had 60 separate encampments across

7

its 400 acres of public parks.12 Missoula does not have

enough beds to meet Martin’s metrics, so it cannot enforce its decades-old anti-camping ordinance.13 And it

cannot respond to resident concerns that “parks have

become dirty and unsafe.”14 Missoula must instead be

content to clean “unsalvageable” vehicles “full of human

waste” and “debris such as mattresses, couches, and tables” clogging the city’s irrigation and waterways.15

The increase in public encampments has led to surging public health and safety issues. Medieval diseases

like typhus, shigella, and trench fever are spreading in

public encampments.16 Rats and fleas plague these

spaces and spread diseases to people and pets.17 They

also infest nearby public buildings, placing all who enter at risk.18

12

See Jim Carlton, A Montana Town Faces a Homelessness

Problem Similar to San Francisco and L.A., WALL ST. J. (Sept. 2,

2023) (https://tinyurl.com/35uc952k).

13

Id.

14

Id.

15

City of Missoula, Urban Camping Update Week Ending

August 11, 2023; August 25, 2023 (https://tinyurl.com/yfubacw2).

16

See Jack Davis, Medieval Diseases Running Rampant

Throughout California’s Homeless Population, W. J. (Mar. 11,

2019) (https://tinyurl.com/auamzem5).

17

Id.; see also Tran Nguyen, ‘They’re everywhere’: Rats plague

San Jose’s largest homeless camp, SAN JOSÉ SPOTLIGHT (Feb. 16,

2022) (https://tinyurl.com/4vfus4y7).

18

See, e.g., David Zahniser & Emily Alpert Reyes, With L.A.

City Hall infested by rats, one councilman cites homeless crisis,

L.A. TIMES (Feb. 8, 2019) (https://tinyurl.com/46f5bujn).

8

Encampments in cities also inevitably lead to

human fecal matter smearing sidewalks, paths, and

playgrounds.19 The human waste is even polluting

water sources.20 And children walking to school and

volunteer clean-up crews are increasingly exposed to

discarded needles, condoms, and feminine products.21

These and other biohazards litter public spaces. The

following pictures are a snapshot of the crisis the

Ninth Circuit largely roped off from state and local

government regulation:

19

See, e.g., City & Cnty. of S.F. Office of the Controller,

Street & Sidewalk Maintenance Standards Calendar Year 2022

Annual Report 10 (2023) (https://tinyurl.com/5465yw7v) (finding

that “[f ]eces was another notable observed hazard, on approximately 50% of street segments in Key Commercial Areas”); Jade

Cunningham, ‘It’s in desperate need of TLC’: Feces, trash, drug

paraphernalia litter north Phoenix park, 12 NEWS (Apr. 14, 2023)

(https://tinyurl.com/4xxv35sa).

20

Anna Almendrala, Fecal Bacteria In California’s Waterways Increases With Homeless Crisis, CAL. HEALTHLINE (Jan. 6,

2020) (https://tinyurl.com/39nxpemf ).

21

Alexis Rivas et al., Human Feces, Other Biohazards on San

Diego Sidewalks Cost City Nearly $1 Million Every Year, 7 SAN

DIEGO (Nov. 26, 2021) (https://tinyurl.com/2p96wx9v).

9

22

23

22

Alexis Rivas et al., Human Feces, Other Biohazards on San

Diego Sidewalks Cost City Nearly $1 Million Every Year, 7 SAN

DIEGO (Nov. 26, 2021) (https://tinyurl.com/2p96wx9v).

23

Julie Sabatier, New rules aimed at homeless encampments

in Portland could undermine trust, according to researcher, OR.

PUB. BROAD. (May 21, 2021) (https://tinyurl.com/5n7kuckp).

10

24

25

24

Nick Bowman, Mayor Durkan again at odds with Seattle

council over homeless camps, MY NW. (May 20, 2020) (https://tiny

url.com/4d5366uu).

25

Joe Rodriguez, San Francisco Shifts From Trashing Homeless Camps To Sanctioning Them Amid COVID-19, NPR (May 14,

2020) (https://tinyurl.com/3rfmn7hw).

11

26

Homelessness can be hard to look at. It is a stark

reminder of our society’s shortcomings. But as the pictures illustrate, the Ninth Circuit’s approach has only

worsened the problem, while forcing communities “to

surrender the use of many of their public spaces (including sidewalks) to homeless encampments.” Grants

Pass, 72 F.4th at 932 (O’Scannlain, J., respecting the

denial of rehearing en banc). Once safe and thriving

communities now “must live by the criminal violence,

narcotics activity, and dangerous diseases that plague

the homeless encampments.” Id. Communities should

not be forced to live under these conditions. Nor should

the “threat to the public welfare . . . be taken lightly.”

Id.

26

Phil Matier & Andy Ross, SF mayor plans crackdown on

homeless camps, S.F. CHRON. (Apr. 8, 2016) (https://tinyurl.com/

5n6v9s6v).

12

Amici States understand that the issues presented by homelessness are not susceptible to easy answers. What the underlying causes are and how to

address them have been difficult to decipher. But the

complexity of these issues underscores the need for

states and local governments to be empowered to address them.

II.

The Constitution Commits Criminal Law

And Land-Use Policy To State And Local

Governments, Not Federal Courts.

States and localities play a central role in our system of government. They have “numerous and indefinite” powers that “extend to all the objects which, in

the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” THE

FEDERALIST NO. 45 (James Madison). The federal government plays a different role. Its powers are “few and

defined” and concern national matters. Id. That principle of federalism “is a defining feature of our Nation’s

constitutional blueprint.” See Sossamon v. Texas, 563

U.S. 277, 283 (2011). Its demands are simple but important: the federal government does not get to tell

states how to provide for the health, safety, and welfare

of their citizens. See Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519, 536 (2012).

The Constitution codifies the states’ reserved

police powers in the Tenth Amendment—a clear demarcation that would seem difficult to ignore. But the

13

Ninth Circuit managed to do just that. And worse, it

turned federal judges into local land commissioners.

Because two federal judges decided decentralized government was no longer working very well, 40% of the

country is now forced to recognize a constitutional

right to camp on public property. That decision improperly snatches sovereignty over criminal lawmaking

and property from states.

The states’ sovereign power to administer a criminal code is at the core of their sovereign interests. See

Heath v. Alabama, 474 U.S. 82, 93 (1985). “From the

beginning of our country, criminal law enforcement has

been primarily a responsibility of the States.” Shinn v.

Shinn, 142 S. Ct. 1718, 1730 (2022); see also Brecht v.

Abrahamson, 507 U.S. 619, 635 (1993) (“States possess

primary authority for defining and enforcing the criminal law.”). Ratification did not change that. “The power

to convict and punish criminals lies at the heart of the

States’ residuary and inviolable sovereignty.” Shinn,

142 S. Ct. at 1730.

The Ninth Circuit’s blurring of the lines between

a person’s act and their status threatens to erode—if

not eliminate—states’ ability to enforce a criminal

code. Involuntary acts, the Ninth Circuit reasons, are

protected from any criminal punishment (and apparently civil fines now too) under the Eighth Amendment.

Grants Pass, 72 F.4th at 891 (equating “involuntary

conduct” and “status”). The “sweep of that holding [is]

startling.” See Powell v. Texas, 392 U.S. 514, 545 (1968)

(Harlan, J., concurring).

14

Under the Ninth Circuit’s interpretation of the

Eighth Amendment, a drug user cannot be punished so

long as he is addicted to drugs. Id. (Harlan, J., concurring). And “[a] wide variety of sex offenders would be

immune from punishment if they could show that their

conduct was not voluntary but part of the pattern of a

disease.” Id. (Harlan, J., concurring). This radical view

renders “States powerless to punish any conduct that

could be shown to result from a ‘compulsion,’ in the

complex, psychological meaning of that term.” Id. at

544 (Harlan, J., concurring). This Court has never accepted that approach. See United States v. Moore, 486

F.2d 1139, 1150 (D.C. Cir. 1973) (en banc) (explaining

that “there is definitely no Supreme Court holding”

prohibiting the criminalization of involuntary conduct). For good reason: “if every criminal act which was

the result in some degree of a socially developed compulsion was beyond society’s control, the interests and

safety of the public would be seriously threatened.”

Smith v. Follette, 445 F.2d 955, 961 (2d Cir. 1971).

In one case only, this Court held that the Eighth

Amendment “imposes substantive limits on what can

be made criminal and punished as such.” Ingraham v.

Wright, 430 U.S. 651, 667 (1977) (citing Robinson v.

California, 370 U.S. 660 (1962)). It has since emphasized that “limitation as one to be applied sparingly.”

Id. And other than in Robinson, the Court has never

used the Eighth Amendment as a limit on what

states may punish as opposed to how states may punish. A chief reason for the Court’s refusal to extend

Robinson is the “paramount role of the States in

15

setting ‘standards of criminal responsibility.’ ” Kahler

v. Kansas, 140 S. Ct. 1021, 1028 (2020). The Ninth Circuit’s holding not only tells states what they may

criminally sanction, but it also has the effect of imposing on states a particular test of criminal responsibility, which this Court has rejected. See Leland v. Oregon,

343 U.S. 790 (1952).

States also possess primary authority over the

land within their boundaries. “The right to control the

ownership of land rests in sovereign governments and,

in the United States, it rests with the individual states

in the absence of federal action by treaty or otherwise.”

Takahashi v. Fish and Game Comm’n, 334 U.S. 410,

428 n.3 (1948). They hold public lands in trust for the

people. To this end, the People have committed to

states “nearly the whole charge of interior regulation.”

Lane Cnty. v. Oregon, 74 U.S. 71, 76 (1868). Just as “it

is not for the courts to say how [federal land] shall be

administered,” it is also not their place to say how state

land shall be administered. See Light v. United States,

220 U.S. 523, 537 (1911). But the Ninth Circuit’s decision improperly meddles in this area and makes federal judges overseers of state land.

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. See, e.g., N.J.

Stat. Ann. § 17:15B-1.12(a) (prohibiting camping at the

New Jersey World War II Memorial to protect the condition of the Memorial, to ensure the grounds are open

16

for access by all members of the public and to facilitate

security); Clark v. Cmty. for Creative Non-Violence, 468

U.S. 288, 296 (1984) (concluding that a regulation

prohibiting camping on federal park lands outside of

designated campgrounds was supported by a substantial government interest in “maintaining the parks in

the heart of our Capital in an attractive and intact

condition, readily available to the millions of people

who wish to see and enjoy them by their presence”);

Neb. Rev. Stat. Ann. § 2-3201 (regulating camping to

“conserve, protect, develop, and manage the natural resources”); W. Va. Code R. §§ 58-32-1.1, 58-32-2.3 (regulating camping “is necessary to provide for public

health, safety and welfare; to protect state property;

and to assure state recreational area guests of a safe,

beneficial and enjoyable experience.”). The Ninth Circuit’s decision leaves states unable to protect those interests.

It is no exaggeration that the Ninth Circuit’s logic

is “an assault upon the constitutional, democratic, and

common law foundations of American civil and criminal law.” Manning v. Caldwell for Roanoke, 930 F.3d

264, 305 (4th Cir. 2019) (Wilkinson, J., dissenting specially). The Court should take action.

17

III. The Ninth Circuit’s Decision Is An Outgrowth Of The Evolving Standards Of Decency Jurisprudence, Which Is Not Textual,

Historical, Or Logical.

The Ninth Circuit’s decision goes far beyond this

Court’s Eighth Amendment holdings. That much is

clear. But it is also true that the Ninth Circuit’s decision is the progeny of this Court’s precedents—and one

that should surprise no one. When this Court subjected

the Eighth Amendment’s meaning to “the evolving

standards of decency that mark the progress of a maturing society,” Trop v. Dulles, 356 U.S. 86, 100-01

(1958) (plurality opinion), it engrafted increase, instability, and subjectivity to the text. Now, every

case presents a fresh opportunity for state law to

fall before the Eighth Amendment’s “evolving” morality.

So while the Ninth Circuit may have jumped the

gun today, there is no telling what tomorrow holds. As

this Court has instructed, courts must constantly revisit whether state penal judgments are cruel and unusual. See Roper v. Simmons, 543 U.S. 551, 561 (2005)

(affirming “the necessity” of “the evolving standards

of decency” test to determine which punishments violate the Eighth Amendment). Such an indeterminate

standard is no standard at all.

The Court’s Eighth Amendment jurisprudence is

a problematic outlier, and its forward march “has no

discernible end point.” Miller v. Alabama, 567 U.S. 460,

501 (2012) (Roberts, C.J., dissenting). It has caused

18

much mischief already and will continue to do so until

corrected. Glossip v. Gross, 576 U.S. 863, 899 (2015)

(Scalia, J., concurring). Courts should not be tasked

with judging the changing winds of society’s evolving

morals. Their job is to declare what the law says—not

what they think society would like it to say. This case

confirms the need for this Court to ground the Eighth

Amendment’s meaning in text, structure, and history.

Doing so will protect the sovereign role states have

over the health, safety, and welfare of their communities. And it will bring harmony to the Court’s constitutional interpretive framework. See Bucklew v. Precythe,

139 S. Ct. 1112, 1122 (2019).

A. The evolving standards of decency jurisprudence came out of Warren Court

dicta and has been promoted to the

substantive test for Eighth Amendment

meaning.

The story of the Court’s Eighth Amendment jurisprudence begins like other novel constitutional

announcements. A plurality of the Warren Court unnecessarily “waxed historical” about the Eighth Amendment, see United States v. Grant, 9 F.4th 186, 202 (3d

Cir. 2021) (Hardiman, J., concurring), and declared for

the first time that “[t]he Amendment must draw its

meaning from the evolving standards of decency that

mark the progress of a maturing society.” Trop, 356

U.S. at 101 (plurality). That stray line of dicta was later

repurposed as the Amendment’s governing standard.

See Estelle v. Gamble, 429 U.S. 97, 102 (1976). A closer

19

look at Trop confirms the impropriety of propagating

the evolving standards of decency jurisprudence.

In 1958, this Court considered whether American

Private Albert Trop lost his national citizenship because he was convicted by a military court of desertion “in time of war.” Trop, 356 U.S. at 88 n.1. The

Second Circuit rejected Trop’s due process challenge

to his expatriation. Trop v. Dulles, 239 F.2d 527, 529

(2d Cir. 1956). With Judge Learned Hand writing for

the majority, the court explained that “[w]e have not

considered, and do not consider, whether under the

circumstances at bar ‘expatriation’ was, or was not,

a ‘cruel and unusual’ punishment under the Eighth

Amendment.” Id. The reason was because Trop

“did not suggest anything of the kind in his complaint, or upon the motion for summary judgment;

Judge Inch did not mention it in disposing of the

motion, nor did the plaintiff do so in argument.” Id.

at 529-30.

In a 4-1-4 decision, this Court reversed. Chief Justice Warren explained that under the holding of Perez

v. Brownell, “citizenship is not subject to the general

powers of the National Government and therefore cannot be divested in the exercise of those powers.” Trop,

356 U.S. at 92. On that “ground alone,” the Court reversed. Id. at 93.

But Chief Justice Warren did not stop there. He

took up an unrelated and unpreserved Eighth Amendment question. And he did so even though “the words

of the Amendment are not precise” and the Court had

20

“had little occasion to give precise content to the

Eighth Amendment.” Id. at 100-01. What should have

been a clear instance of constitutional avoidance, see

Steamship Co. v. Emigration Comm’rs, 113 U.S. 33, 39

(1885), was instead embraced as an invitation to develop the Eighth Amendment.

In interpreting the Amendment, the plurality

barely addressed the text. It questioned whether there

was any difference between the words “cruel” and “unusual” but quickly noted that “precise distinctions between cruelty and unusualness do not seem to have

been drawn” in prior decisions. Trop, 356 U.S. at 100

n.32. Without further textual hang-up, the plurality

concluded that because the Amendment’s “scope is not

static,” it “must draw its meaning from the evolving

standards of decency that mark the progress of a maturing society.” Id. at 101. On that understanding, the

plurality found “that use of denationalization as a punishment is barred by the Eighth Amendment.” Id. The

Amendment’s prohibition reaches beyond “physical

mistreatment” and “primitive torture,” the plurality

explained—it also reaches forms of punishment that

destroy an accused’s “political existence.” Id.

The “evolving standards of decency . . . phrase

went unmentioned in [this] Court for ten years after

Trop, until it surfaced in a footnote in a death-penalty

case,” after which “it was then quoted only in passing

in seven death-penalty cases in the 1970s.” Grant, 9

F.4th at 202-03 (Hardiman, J., concurring). In 1976,

the Court looked to the “idealistic” phrase and held

that “punishments which are incompatible with ‘the

21

evolving standards of decency that mark the progress

of a maturing society’ ” violate the Eighth Amendment.

Estelle, 429 U.S. at 102. Although the Trop plurality

had merely said that the Eighth Amendment “must

draw its meaning” from the evolving standards of decency, the Court in Estelle turned “Trop’s dicta [in]to a

constitutional test.” Grant, 9 F.4th at 203 (Hardiman,

J., concurring).

In the following years, the test has been “a standard bearer for the view that the Constitution’s meaning changes over time.” Id. It is “bad wine of a recent

vintage,” id. at 201, and it “has caused more mischief

. . . than any other that comes to mind.” Glossip, 576

U.S. at 899 (Scalia, J., concurring).

B. The evolving standards of decency jurisprudence is a lawless standard that

has no regard for any of this Court’s

Eighth Amendment precedents.

Chief Justice Warren may not have intended his

homiletic words to become a barometer for constitutionally permissible punishments. But they have. And

they have been used to overturn precedent after precedent and to justify the ballooning reach of the Eighth

Amendment. The test’s track record shows that its ambitions know no bounds. It stands ready for its next call

“to shap[e] the societal consensus of tomorrow.” Miller,

567 U.S. at 509 (Thomas, J., dissenting).

A few cases suffice to show the test’s character. Start

with Estelle. Before that case, the Court understood

22

the Eighth Amendment to prohibit the government

from acting cruelly and unusually. But Estelle used the

evolving standards test to extend the Eighth Amendment to prohibit the government from failing to act.

429 U.S. at 104. That extension lacked constitutional

grounding, and the Court later had to “stabilize Estelle’s flimsy foundation.” Trozzi v. Lake Cnty., Ohio, 29

F.4th 745, 751 (6th Cir. 2022) (citing Farmer v. Brennan, 511 U.S. 825, 829 (1994)).

The test picked up steam at the turn of the 21st

century. In 2002, the Court considered whether the

Eighth Amendment prohibited executing a man with

mental disabilities and held that it did. See Atkins v.

Virginia, 536 U.S. 304 (2002). That decision overturned

the Court’s holding from just thirteen years prior,

when the Court addressed the very same question and

held the opposite. Penry v. Lynaugh, 492 U.S. 302, 340

(1989). Perhaps Penry’s short-lived holding should not

have come as a surprise, given that the Court noted in

its closing sentences that “a national consensus

against execution of the mentally retarded may someday emerge reflecting the ‘evolving standards of decency that mark the progress of a maturing society.’ ” Id.

In the 13 years between the two decisions, the Court

found that the American consensus shifted and consolidated around condemnation of executing such persons.

Atkins, 536 U.S. at 315-17. The so-called “national consensus” the Court relied on for its 180 was that 18 of

the 38 states with capital punishment in some way excused mentally incompetent persons. Id. at 343 (Scalia,

J., dissenting) (“How is it possible that agreement

23

among 47% of the death penalty jurisdictions amounts

to ‘consensus’?”). As the Court saw it, determining consensus depended more on “the consistency of the direction of change” than on actual numbers. Id. at 315.

Soon after Atkins, the Court again used the

evolving standards test to overturn another of its

1989 decisions. See Roper, 543 U.S. 551. In Stanford v.

Kentucky, 492 U.S. 361 (1989), the Court held that the

Eighth Amendment did not prohibit capital punishment for juvenile murderers. Id. at 380. In 2005, the

Court held just the opposite in a 5-4 decision. The “national consensus” on which the Court relied was the

same as in Atkins: 18 of 38 states with the death penalty excluded juveniles from its sanction. Roper, 543

U.S. at 552-53.

The pace quickened following Roper. In 2008, the

Court found that a national consensus formed against

executing child rapists. Kennedy v. Louisiana, 554 U.S.

407, 446 (2008). In 2010, the Court held that lifewithout-parole sentences for non-homicide juvenile offenders violated the Eighth Amendment. Graham v.

Florida, 560 U.S. 48, 82 (2010). In 2012, the Court held

that mandatory life-without-parole sentences for juveniles—even those convicted of murder—violated the

Eighth Amendment. Miller, 567 U.S. at 479. And in

2014, the Court held that the Eighth Amendment requires states to consider an IQ test’s standard error of

measurement for death-row inmates. Hall, 572 U.S. at

724. Each of these decisions were 5-vote majorities

with sharp dissents.

24

As this case shows, the evolving standards of decency jurisprudence has creeped beyond death-penalty

and life-without-parole cases. The Ninth Circuit has

also found that the Eighth Amendment guaranteed a

prisoner the right to “gender confirmation surgery.”

Edmo v. Corizon, Inc., 935 F.3d 757, 797 (9th Cir. 2019).

And the Fifth Circuit found “a national consensus

against punishing felons by permanently barring them

from the ballot box.” Hopkins v. Sec’y of State Delbert

Hosemann, 76 F.4th 378, 407 (5th Cir. 2023).

Any expectation that the evolving standards of decency jurisprudence is just a modest method to address

modern punishments is now naïve. The standard has

lost any tie to “objective factors.” Coker v. Georgia, 433

U.S. 584, 592 (1977) (plurality opinion). Eighth Amendment jurisprudence instead is laced with uncertainty,

merely reflecting “the subjective views of individual

Justices.” Id. Our constitution made the law king,

and the rule of law means that “bedrock principles”—

not “the proclivities of individuals”—govern. Vasquez v.

Hillery, 474 U.S. 254, 265-66 (1986). The evolving

standards of decency jurisprudence is contrary to basic

legal norms: it lacks notice and predictability; it invites

arbitrariness and cannot be applied consistently; and

it undermines the integrity of the judicial process. It is

time this Court do something about it.

25

C. The evolving standards of decency jurisprudence cannot be squared with

the text, structure, and history of the

Eighth Amendment.

The Court can, and should, normalize its Eighth

Amendment jurisprudence. Instead of requiring judges

to act as sociologists and tempting them to exercise

their own will, the Court should return to declaring

what the law is. Marbury v. Madison, 5 U.S. 137, 177

(1803). The text and object of the Eighth Amendment

stand against the evolving standards of decency approach.

All agree that the Eighth Amendment is not a

“static” command. See Gregg v. Georgia, 428 U.S. 153,

173 (1976); Roper, 543 U.S. at 589 (O’Connor, J., dissenting); Bucklew, 139 S. Ct. at 1135. It of course prohibits more than the methods of torture rejected in

1791, like “embowelling alive, beheading, and quartering.” 4 William Blackstone, Commentaries 376 (Joseph

Chitty ed. 1826). But pinning an “evolving” standards

approach to the Amendment is not the only way to protect it from becoming “little more than a dead letter

today.” Roper, 543 U.S. at 589 (O’Connor, J., dissenting).

First, the Court has already signaled an interpretive course-correction. In Bucklew, the Court explained

that the Eighth Amendment must be interpreted according to its “original and historical understanding.”

Bucklew, 139 S. Ct. at 1122. That is also the “standard”

approach the Court applies when interpreting constitutional text. Dobbs v. Jackson Women’s Health Org.,

26

142 S. Ct. 2228, 2271 (2022). Under that approach,

the Amendment forbids “tortures and other barbarous methods of punishment.” Estelle, 429 U.S. at 102

(cleaned up). As one early commentator explained, the

Amendment prohibits “the use of the rack or the stake,

or any of those horrid modes of torture, devised by human ingenuity for the gratification of fiendish passion.” James Bayard, A Brief Exposition of the

Constitution of the United States 154 (2d ed. 1840).

The text itself came straight from the English Bill

of Rights of 1689, which stated that “excessive bail

ought not to be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted.” 1 W. &

M., Sess. 2, c. 2; 8 ENGLISH HISTORICAL DOCUMENTS,

1660-1714, p. 122 (Andrew Browning ed. 1953). The

purpose was to protect “against punishments unauthorized by statute and beyond the jurisdiction of the

sentencing court, as well as those disproportionate to

the offense involved.” Gregg, 428 U.S. at 169. Similar

provisions were in Virginia’s Constitution of 1776, the

constitutions of seven other states, and the Northwest

Ordinance. Furman v. Georgia, 408 U.S. 238, 243-44

(1972) (Douglas, J., concurring). The history of those

enactments confirms that “the evil the Eighth Amendment targets is intentional infliction of gratuitous

pain.” Baze v. Rees, 553 U.S. 35, 102 (2008) (Thomas, J.,

concurring). The Amendment is “directed to modes of

punishment”—it does not limit “the substantive authority of legislatures to prohibit ‘acts’ like those at issue here, and ‘certainly not before conviction.’ ” Grants

27

Pass, 72 F.4th at 927 (O’Scannlain, J., respecting denial

of rehearing en banc) (emphasis in original).

Second, the original and historical understanding

does not proscribe only those punishments thought

cruel and unusual at ratification. The evolving standards of decency approach attempts to address the fact

that society’s understanding may mature and develop

about what constitutes a cruel and unusual punishment. But it errs by cutting the tie between law and

judgment. In its most modest application, the approach suffers from majoritarianism, which is exactly

what the Bill of Rights protects against. In its recent,

broader applications, it substitutes “judicial preferences” about all aspects of penological policy for the

will of the People. Grant, 9 F.4th at 205. That is not

how the rule of law works.

Law “is a rule: not a transient sudden order from

a superior, to, or concerning, a particular person; but

something permanent, uniform, and universal.” Konigsberg v. State Bar of Cal., 366 U.S. 36, 58 n.5 (1961)

(quoting Daniel Webster). The “permanent, uniform,

and universal” nature of law reflects the “being” and

“becoming” attributes built into the Constitution. See

Jeffrey C. Tuomala, The Casebook Companion pt. 1,

ch. 5, at 10 (September 12, 2023) (on file with author);

see also McCulloch v. Maryland, 17 U.S. 316, 407

(1819) (explaining that the Constitution lacks “the

prolixity of a legal code” and its “nature” instead “requires, that only its great outlines should be marked,

its important objects designated, and the minor ingredients which compose those objects, be deduced from

28

the nature of the objects themselves”). In this way, the

law allows for new applications, but it does so by remaining faithful to constitutional text and embedded

principles.

With the Eighth Amendment, the text and object

of the Amendment contemplate punishments existing

and not yet imagined at the time of the founding.

Some amount of deduction from “its great outlines”

may be required. See McCulloch, 17 U.S. at 407. And

society’s present understanding of “decency” may be

evidence of what is cruel and unusual—it also may

not be. See Miller, 567 U.S. at 510 (2012) (Alito, J., dissenting) (“Is it true that our society is inexorably

evolving in the direction of greater and greater decency? Who says so, and how did this particular philosophy of history find its way into our fundamental

law?”). Redirecting judges from a targeted inquiry

guided by fixed principles and commissioning them to

make vague determinations about society’s evolving

sense of decency is contrary to the very premise of

civil society: punishment for crimes has been removed from the hands of the few and committed to

society—judges are no exception. Ultimately the text,

structure, and history must control the analysis.

Faithfully applied, that approach protects against

both ancient and modern cruel and unusual punishments. See Baze, 553 U.S. at 102 (Thomas, J., concurring).

29

It is long overdue for the Court to remove the

evolving standards of decency test from its Eighth

Amendment jurisprudence. The Court should grant

certiorari here and do so.

CONCLUSION

For the reasons stated, this Court should grant

certiorari and reverse the decision below.

Respectfully Submitted,

RAÚL R. LABRADOR

Attorney General

THEODORE J. WOLD

Solicitor General

JOSHUA N. TURNER

Chief Deputy

Solicitor General

Counsel of Record

AUSTIN KNUDSEN

Attorney General

CHRISTIAN B. CORRIGAN

Solicitor General

BRENT MEAD

Deputy Solicitor General

PETER M. TORSTENSEN, JR.

Assistant Solicitor General

IDAHO OFFICE OF THE

ATTORNEY GENERAL

700 W. Jefferson St.

Suite 210

Boise, ID 83720

(208) 334-2400

josh.turner@ag.idaho.gov

MONTANA DEPARTMENT

OF JUSTICE

215 N. Sanders

Third Floor

Helena, MT 59620

(406) 444-2026

christian.corrigan@mt.gov

Counsel for Amicus States of Idaho and Montana

September 25, 2023

30

ADDITIONAL COUNSEL

STEVE MARSHALL

Attorney General

State of Alabama

MICHAEL T. HILGERS

Attorney General

State of Nebraska

TREG R. TAYLOR

Attorney General

State of Alaska

DREW H. WRIGLEY

Attorney General

State of North Dakota

TIM GRIFFIN

Attorney General

State of Arkansas

GENTNER F. DRUMMOND

Attorney General

State of Oklahoma

ASHLEY MOODY

Attorney General

State of Florida

ALAN WILSON

Attorney General

State of South Carolina

THEODORE E. ROKITA

Attorney General

State of Indiana

MARTY JACKLEY

Attorney General

State of South Dakota

KRIS W. KOBACH

Attorney General

State of Kansas

KEN PAXTON

Attorney General

State of Texas

JEFF LANDRY

Attorney General

State of Louisiana

SEAN D. REYES

Attorney General

State of Utah

LYNN FITCH

Attorney General

State of Mississippi

JASON MIYARES

Attorney General

Commonwealth of Virginia

ANDREW BAILEY

Attorney General

State of Missouri

PATRICK MORRISEY

Attorney General

State of West Virginia

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.