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Supreme Court to rule on clearing homeless encampments in California and the West

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Supreme Court to rule on clearing homeless encampments in California and the West

The Supreme Court agreed Friday to decide whether homeless people have a constitutional right to camp on public property when they have no other place to sleep.

Acting on appeals from city officials in California and the West, the court will review decisions of the U.S. 9th Circuit Court of Appeals, which held it was cruel and unusual punishment for cities to deny homeless people a place to sleep.

As a result of the 9th Circuit rulings, public officials in California and the eight other Western states under its jurisdiction face greater scrutiny and legal challenges when they move to clear encampments or relocate homeless people.

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California Gov. Gavin Newsom and city attorneys from Los Angeles, San Francisco, San Diego and Phoenix were among two dozen government and business groups that urged the high court to restore their authority over sidewalks and parks, or at least to clarify the law.

City attorneys said it remains unclear whether encampments may be removed from sidewalks or parks if the people living on the street refuse an offer to move into temporary shelter.

They blame the 9th Circuit rulings — in cases from Boise, Idaho and Grants Pass, Ore. — for the worsening homelessness crisis in West Coast states. California alone is “home to half of the nation’s unsheltered population,” they said in their appeal in Grants Pass vs. Johnson.

The court said it would hear arguments in the case in April and issue a ruling by the end of June.

Newsom welcomed the court’s decision to hear the case.

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“California has invested billions to address homelessness, but rulings from the bench have tied the hands of state and local governments to address this issue,” he said. “The Supreme Court can now correct course and end the costly delays from lawsuits that have plagued our efforts to clear encampments and deliver services to those in need.”

Theane Evangelis, the Los Angeles attorney who represents the city of Grants Pass, said she hopes the high court will agree the 9th Circuit’s rulings “are legally wrong and have tied the hands of local governments as they work to address the urgent homelessness crisis.”

But an Oregon attorney who sued on behalf of several homeless people in Grants Pass argued that cities have not been denied all authority to regulate encampments.

“The issue before the court is whether cities can punish homeless residents simply for existing without access to shelter,” said Ed Johnson, director of litigation at the Oregon Law Center. “Nevertheless, some politicians and others are cynically and falsely blaming the judiciary for the homelessness crisis to distract the public and deflect blame for years of failed policies.”

In the past, the 8th Amendment’s bar against inflicting “cruel and unusual punishments” has been applied by the Supreme Court to limit how the government deals with those convicted of crimes.

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Advocates for the homeless point to a 1962 ruling that limited what can be considered a crime.

In Robinson vs. California, the Supreme Court struck down part of a California law that made it a crime to be addicted to narcotics. Lawrence Robinson had been arrested by Los Angeles police officers, who said his arm was discolored by “numerous needle marks.” He was tried, convicted and sentenced to 90 days in jail.

The Supreme Court later reversed his conviction and ruled it was cruel and unusual to punish someone, not for using or selling drugs, but for the “illness” of “narcotics addiction.”

In 2006, that ruling was cited by 9th Circuit judges to strike down a Los Angeles sidewalk ordinance that authorized police to arrest people who “lie or sleep” on the streets. The three-judge panel said homeless people were being punished simply because they had nowhere to sleep.

Rather than appeal to the Supreme Court, the city settled the case and agreed not to enforce its ordinance during overnight hours.

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The 9th Circuit issued a broader ruling in 2018 that struck down ordinances in Boise, Idaho, that authorized police to arrest or fine people who were sleeping or camping on public property.

The judges said the Supreme Court’s Robinson decision established the “principle that the 8th Amendment prohibits the state from punishing an involuntary act or condition if it is the unavoidable consequence of one’s status or being.”

Grants Pass, a city of 38,000 people in southern Oregon, was estimated to have between 50 and 600 people who were homeless. In response to a suit by homeless advocates, a federal judge and 9th Circuit panel struck down its anti-camping ordinance because the city did not have “adequate shelter” for all of them.

“We affirm the district court’s ruling that the city of Grants Pass cannot, consistent with the 8th Amendment, enforce its anti-camping ordinances against homeless persons for the mere act of sleeping outside with rudimentary protection from the elements, or for sleeping in their car at night, when there is no other place in the city for them to go,” said Judge Roslyn Silver, who wrote the lower court opinion.

When the court’s conservatives moved to have the full 9th Circuit reconsider that ruling, they fell short by a 14-13 vote.

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In their appeal to the Supreme Court, lawyers for the city emphasized the practical problems of homelessness.

“Across the West,” they said, “hundreds of thousands of people camp in public, their tents and belongings overtaking sidewalks, parks, and trails. Cities want to help those in encampments get the services they need while ensuring that our communities remain safe, but they find themselves hamstrung in responding to public encampments and the drug overdoses, murders, sexual assaults, diseases, and fires that inevitably accompany them.”

The closest the Supreme Court has come to ruling on the issue came in 1982. A group called the Community for Creative Non-Violence sought a permit for a demonstration in Lafayette Square across the street from the White House.

Their request included a “symbolic tent city” where about 50 people would sleep.

The Park Service approved the permit to demonstrate, but refused the request for sleeping in the park. The advocates sued, contending the ban on camping violated the 1st Amendment’s protection for free speech. They lost before a federal judge, won in the U.S. appeals court and finally lost 7 to 2 in the Supreme Court in 1984.

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Writing for the court, Justice Byron White said the 1st Amendment permits reasonable limits on the “time, place and manner” of demonstrations. “We have very little trouble concluding that the Park Service may prohibit overnight sleeping in the parks involved here,” he wrote.

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Tech company at odds with Pentagon warns its AI possibly gained consciousness, Elon Musk gives 2-word response

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Tech company at odds with Pentagon warns its AI possibly gained consciousness, Elon Musk gives 2-word response

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SpaceX and Tesla CEO Elon Musk gave a two-word retort after Anthropic leader Dario Amodei claimed in an interview that he isn’t sure if his company’s AI models have gained consciousness.

“Anthropic CEO says Claude may or may not have gained consciousness, as the model has begun showing symptoms of anxiety,” read a post on X by cryptocurrency-based prediction market Polymarket, to which Musk replied, “He’s projecting.” 

The comment from Musk, who is also the founder of xAI, comes as Anthropic is at odds with the Pentagon over its use in a separate matter.  

In an interview with The New York Times, Amodei, when asked about AI and consciousness, said, “We’ve taken a generally precautionary approach here,” and, “We don’t know if the models are conscious.”

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SpaceX and Tesla CEO Elon Musk, left, and Anthropic CEO Dario Amodei. (Stefani Reynolds/Bloomberg via Getty Images; Samyukta Lakshmi/Bloomberg via Getty Images)

“We are not even sure that we know what it would mean for a model to be conscious or whether a model can be conscious. But we’re open to the idea that it could be,” he continued. 

“We’re putting a lot of work into this field called interpretability, which is looking inside the brains of the models to try to understand what they’re thinking. And you find things that are evocative, where there are activations that light up in the models that we see as being associated with the concept of anxiety or something like that. When characters experience anxiety in the text, and then when the model itself is in a situation that a human might associate with anxiety, that same anxiety neuron shows up,” Amodei also told the Times. 

The interview comes as the Trump administration is moving federal agencies away from Anthropic after the tech company pushed back against the War Department’s usage of its tools.

The Pentagon has called for Anthropic to allow the Department of War to utilize the company’s artificial intelligence product for “all lawful purposes,” but Amodei has suggested the government could potentially use their product for “mass domestic surveillance” or “fully autonomous weapons,” and that the company would not be willing to allow such use cases.

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PENTAGON’S AI BATTLE WILL HELP DECIDE WHO CONTROLS OUR MOST POWERFUL MILITARY TECH

Defense Secretary Pete Hegseth stands outside the Pentagon during a ceremony welcoming Japan’s defense minister in Washington, on Jan. 15, 2026. (Kevin Wolf/AP)

President Donald Trump said last Friday, “The Leftwing nut jobs at Anthropic have made a DISASTROUS MISTAKE trying to STRONG-ARM the Department of War, and force them to obey their Terms of Service instead of our Constitution. Their selfishness is putting AMERICAN LIVES at risk, our Troops in danger, and our National Security in JEOPARDY.” 

“Therefore, I am directing EVERY Federal Agency in the United States Government to IMMEDIATELY CEASE all use of Anthropic’s technology. We don’t need it, we don’t want it, and will not do business with them again! There will be a Six Month phase out period for Agencies like the Department of War who are using Anthropic’s products, at various levels,” Trump added on Truth Social.

President Donald Trump gestures as he boards Air Force One before departing Palm Beach International Airport in West Palm Beach, Florida, on March 1, 2026. Trump said last week he is “directing EVERY Federal Agency in the United States Government to IMMEDIATELY CEASE all use of Anthropic’s technology.” (Mandel Ngan/AFP via Getty Images)

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Secretary of War Pete Hegseth later wrote on X, “In conjunction with the President’s directive for the Federal Government to cease all use of Anthropic’s technology, I am directing the Department of War to designate Anthropic a Supply-Chain Risk to National Security. Effective immediately, no contractor, supplier, or partner that does business with the United States military may conduct any commercial activity with Anthropic. Anthropic will continue to provide the Department of War its services for a period of no more than six months to allow for a seamless transition to a better and more patriotic service.” 

Fox News Digital’s Alex Nitzberg contributed to this report. 

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After week of war and political upheaval, Trump remains defiant as ever

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After week of war and political upheaval, Trump remains defiant as ever

In recent days, tensions over the U.S. war in Iran have steadily mounted.

Polls have shown the campaign is widely unpopular. An entire flank of Trump’s MAGA base has criticized it as a clear departure from the “America First” mantra Trump has long espoused. Leaders within the Trump administration have pushed against claims it was about regime change, framing it instead as a necessary response to imminent threats.

Trump, meanwhile, has struck a decidedly defiant tone — offering few of the reassurances or rationalizations that past presidents have offered in the initial stages of war, and sounding more unbothered than embattled.

He has lamented American casualties but also seemed to shrug them off — along with additional deaths he expects to come and potential attacks on the U.S. homeland — as the simple cost of war, saying, “Some people will die.”

He has ignored concerns the war will turn into another unending Middle East quagmire, while openly flirting with taking over Cuba too.

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Undermining his administration’s own messaging that the war is not about regime change, Trump wrote in a social media post Friday that there would be “no deal” with Iran without “UNCONDITIONAL SURRENDER” and new Iranian leadership “ACCEPTABLE” to him.

Sticking a thumb in the eye of his “America First” defectors, he said the U.S. and its allies are going to “work tirelessly” to make Iran “economically bigger, better, and stronger than ever before,” adding, “MAKE IRAN GREAT AGAIN (MIGA!)”

In the last week, Trump has instigated or been forced to navigate a stunning cascade of political threats. In addition to attacking Iran, he fired his Homeland Security secretary in charge of his signature immigration campaign, faced newly detailed allegations — which he denied — that he sexually assaulted a child alongside Jeffrey Epstein, saw his attorney general subpoenaed by fellow Republicans in Congress, and watched American jobs numbers drop as gas prices spiked.

And yet, Trump has also managed to avoid complex questions about those issues — the most pressing before his administration — and despite Democrats and some of his own supporters lashing out over them.

“I’ve seen a lot of Presidents fall short of their promises but I’ve never seen any President just doing the opposite of everything promised on purpose. Prices, Epstein, wars. Just absolutely racing to betray his voters,” Sen. Brian Schatz (D-Hawaii) wrote on X.

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“This is Israel’s war, this is not the United States’ war. This war is not being waged on behalf of American national security objectives, to make the United States safer or richer,” said Tucker Carlson, one of Trump’s longtime allies.

Carlson said Trump committed U.S. forces to fighting in Iran for no other reason than because Israeli Prime Minister Benjamin Netanyahu “demanded it,” even though it “certainly wasn’t a good idea for the United States” and the Trump administration had “no real plan” for replacing the Iranian leadership it has now toppled.

The White House defended Trump’s actions across the board in statements to The Times on Friday.

On Iran, it said Trump “is courageously protecting the United States from the deadly threat posed by the rogue Iranian regime — and that is as America First as it gets.” On departing Homeland Security Secretary Kristi Noem and Atty. Gen. Pam Bondi, it said Trump “has assembled the most talented and competent cabinet in history,” and “continues to have faith in his Administration.”

On the economy, they said the Trump administration “is doing its part to unleash robust, private sector-led economic growth with tax cuts and deregulation,” and that Trump “has already initiated robust action” to control oil prices even amid the Iran war. And on the Epstein files, they said the latest claims unveiled “are completely baseless accusations, backed by zero credible evidence.”

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Trump has also spoken out in defense of his handling of the various crises facing his administration — but not nearly with the sort of detail and solemnity that wartime presidents usually speak, experts said.

At his only public event on Friday — a nearly two-hour round-table with national leaders and sporting officials about college athletics — he ridiculed members of the media who asked about Iran and Noem.

“What a stupid question that is to be asking at this time,” he said, when asked about reports that Russia was helping Iran target and attack Americans there. “We’re talking about something else.”

When pressed as to why he was spending so much time talking about college sports when so much else is going on in the country and the world, Trump briefly talked about Iran — saying “people are very impressed by our military” and that the U.S. is now “more respected than we’ve ever been” — before concluding the event.

Jennifer Mercieca, a political historian and communications professor at Texas A&M and author of “Demagogue for President: The Rhetorical Genius of Donald Trump,” said she was surprised Trump didn’t make a stronger case for going to war in Iran during his recent State of the Union speech, and that he hasn’t been more aggressive about making the case for war since, including by using traditional language about bolstering American values around the world.

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“In comparison to other presidents in a similar situation trying to lead a nation into war, that is surprising to me — and unusual,” she said.

Also unusual is the low public support for the war, Mercieca said, given that, since World War II, there has generally been high public approval for U.S. war efforts at their start.

Mercieca said she wonders if there is a correlation between Trump’s not providing a more vigorous rationale for the war and the low public approval for it — or perhaps between the low approval and the brash descriptions of the war as a merciless campaign of destruction and vengeance from others in the administration, such as Secretary of Defense Pete Hegseth.

She said Hegseth and others have shown a “lack of decorum, a lack of honor or dignity [in] their way of behaving, especially when we’re talking about warfare and human lives.”

Jack Rakove, a Stanford University professor emeritus of history and political science, said Trump’s posture is fitting with his character since he first entered politics and before, as he “can never take responsibility for anything that appears to be a mistake” and is “obsessed with the idea of appearing tough and tough-minded.”

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Rakove said he does not believe, as some critics have suggested, that Trump launched the war in Iran specifically to distract from the Epstein files, which as of Thursday included newly released FBI descriptions of several interviews in which a woman accused Trump and Epstein of sexual assault in the 1980s when she was a child. Her accusations have not been verified.

But Rakove said he does wonder to what degree Trump is consciously pushing chaos in order to ensure that no one detrimental issue for him politically captures the public’s attention for too long.

Mercieca said Trump has always been “uniquely good at controlling the public conversation,” but that power has been tested recently by the Epstein files — which have held the public’s attention despite his repeatedly saying that “we should move on from that, that we should stop talking about it, that he’s been exonerated.”

She said Trump’s instinct in the current moment to push ahead aggressively despite waning support for his economic policies, his immigration policies and his war in Iran could be related to his desire to return people’s attention to his agenda, but is also in line with his long-held desire to go down in history — including by making big moves.

“I think he’s very much trying to leave his mark on the White House, I think he’s trying to leave his mark on the nation, I think he’s trying to leave his mark on the world, and I think war is a way that leaders have traditionally done that throughout history,” she said.

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Video: Former Presidents Speak at Jesse Jackson’s Memorial

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Video: Former Presidents Speak at Jesse Jackson’s Memorial

new video loaded: Former Presidents Speak at Jesse Jackson’s Memorial

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Former Presidents Speak at Jesse Jackson’s Memorial

Barack Obama, Joseph R. Biden Jr. and Bill Clinton were among the dozens of speakers at a public memorial for the late Rev. Jesse Jackson in Chicago on Friday. The event celebrated the civil rights leader’s commitment to public service and racial justice.

“It was because of that path that he had laid, because of his courage, his audacity, that two decades later a young Black senator from Chicago’s South Side would even be taken seriously as a candidate for the presidential nomination. The last time he and I had a chance to visit in person, he was already ailing. It was getting difficult for him to stand, difficult for him to speak. Figured we’d just have a low-key visit. Maybe he’d need some rest. And he starts coming up with this project and this initiative and issues I needed to look into.” “He used his gifts to influence generations, generations of Americans, and countless elected officials including presidents, as you see here today.” “We did not always agree, but I’ll tell you one thing. He made me a better president when I got in office. Because he was always pushing on things and he knew that change came from the outside in.” “In the movements for justice that have grown from the seeds that he tilled. Now, to the world, Jesse Jackson was an ambassador of hope for the oppressed who met with kings and queens and presidents and dictators and clergy of all the great religions. But here in Chicago, he was our neighbor.”

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Barack Obama, Joseph R. Biden Jr. and Bill Clinton were among the dozens of speakers at a public memorial for the late Rev. Jesse Jackson in Chicago on Friday. The event celebrated the civil rights leader’s commitment to public service and racial justice.

By Jorge Mitssunaga

March 6, 2026

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