19 Questions
What did the dissent claim about the Powell opinions on which Martin relied?
The Powell opinions require an individualized showing of involuntariness.
What is the central holding of Martin?
Local governments may not criminalize involuntary conduct.
Why does the dissent believe that the Eighth Amendment provides only a case-specific affirmative defense?
Based on its interpretation of the Supreme Court opinions underlying Martin.
Which justice upheld the conviction of Leroy Powell in the plurality opinion?
Justice Marshall
Who dissented in the case of Leroy Powell's conviction?
Justice Fortas
Why did Justice White concur in the judgment?
He felt Powell failed to prove his status as an alcoholic compelled him to violate the law
According to Marks v. United States, what is treated as the holding of the Court?
The opinion that received the support of five justices
What did the district court conclude about the fines imposed under the anti-sleeping and anti-camping ordinances?
The fines were excessive and violated the Eighth Amendment.
What did the district court note about any fine imposed for the conduct at issue?
Any fine would be excessive.
What did the district court enjoin in its entirety?
The park exclusion ordinance.
What did the district court determine about the previous park exclusion appeals ordinance?
It had no prospective relevance.
What is the narrow holding of Martin?
A person cannot be prosecuted for involuntary conduct if it is an unavoidable consequence of one's status
How many involuntarily homeless individuals are there in Grants Pass?
Around 50
What does the dissent claim about Gloria Johnson's homelessness?
Gloria Johnson may not be involuntarily homeless in the City
What does the dissent insist Gloria Johnson do to prove her homelessness?
All of the above
What is the district court's ruling regarding the anti-camping ordinances?
The district court ruled that the anti-camping ordinances are unconstitutional.
What do the anti-camping ordinances prohibit, in addition to bedding?
The anti-camping ordinances prohibit the erection of any structures.
What is the City's interest in the prohibitions on stoves, fires, and structures?
The text does not explain the City's interest in these prohibitions.
What must be considered by the district court on remand?
The district court's limitations when a shelter bed is available.
Quiz: Understanding the Dissenting Opinions on Powell and Martin Test your knowledge of the dissenting opinions in the Powell and Martin cases with this quiz. Learn about the arguments surrounding Powell's status as an "affirmative defense" and its implications in class action litigation. Challenge yourself to understand the differing viewpoints of Justice White and the dissenters.
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