California Governor Gavin Newsom took to Twitter on Tuesday to lambaste federal courts for ruling against local authorities who are attempting to clear homeless camps from the streets. Unfortunately for the Governor, many of the federal judges involved are Democratic Party appointees that he is partly responsible for elevating.
Newsom’s online outburst came in response to a lawsuit brought against the City of San Francisco by a non-profit organization on behalf of homeless people. The Governor went so far as to call for a boycott of the Latham & Watkins law firm that is representing the non-profit in the case.
The Governor has since received criticism for his remarks, as many of the judges involved in the cases are Democratic Party appointees. In San Francisco, U.S. Magistrate Judge Donna Ryu — appointed in 2010 during President Barack Obama’s push to hire more women and minorities — blocked the City from clearing homeless camps last December. The appeal to Ryu’s ruling is now being heard by a panel of the U.S. Court of Appeals for the Ninth Circuit that includes one Donald Trump appointee — and two Joe Biden appointees.
On homelessness, @ElonMusk has touched on a key issue.
California has made record investments — $15.3 bil.
But federal courts block local efforts to clear street encampments — even when housing and services are offered.
Courts must also be held accountable. Enough is enough.
— Gavin Newsom (@GavinNewsom) August 29, 2023
In Los Angeles, the situation is even more telling. U.S. District Judge David O. Carter — an appointee of President Bill Clinton — made a sweeping ruling in 2012 ordering the city and the county to provide housing for homeless people. His decision was later overturned by the Ninth Circuit. Judge Carter was also publicly and repeatedly cited by the January 6 Committee when he stated an opinion that the former president broke the law.
Governor Newsom and other politicians have spent billions of dollars over the years attempting to address the homeless crisis, with little progress to show for it. But the situation is more complicated than the Governor’s remarks suggest. In many cases, the federal courts have been attempting to uphold the rights and protections of the homeless instead of simply siding with the wishes of local jurisdictions.
It appears that while Governor Newsom is right to be frustrated with the status quo, his criticism of the courts isn’t totally reasonable. The judiciary, even when populated by liberal judges, must move cautiously to adequately uphold the rights of vulnerable populations. It is unwise to oversimplify the situation and pin the failures on only one party’s appointees.
