Judge Veronica Rossman, on her first day hearing oral arguments on the U.S. Court of Appeals for the 10th Circuit, questioned assertions from Denver officials that a preliminary injunction requiring the city provide at least 48 hours' notice before clearing homeless encampments prevents them from addressing certain emergencies.

The nonprofit group Denver Homeless Out Loud filed a suit claiming the city violated the due process rights of individuals living in encampments that were cleared last summer during the COVID-19 pandemic with almost no notice, leading to the destruction of important documents and belongings. Andy McNulty, of Killmer, Lane & Newman, represented the organization, whose preliminary injunction was partially granted earlier this year.