The U.S. Supreme Court today granted cities more power to arrest, cite and fine people who sleep outside in public places — overturning six years of legal protections for homeless residents in California and other western states.
In Grants Pass v. Johnson, the court sided with Grants Pass in a 6-3 decision — ruling an ordinance passed by the Oregon city that essentially made it illegal for homeless residents to camp on all public property was not unconstitutional. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — all Democratic appointees — dissented.
The much-anticipated decision overturns a prior influential Ninth Circuit appellate ruling, and means cities no longer are prohibited from punishing unhoused residents for camping if they have nowhere else to go. It will have major ramifications for how California leaders and law enforcement handle homeless encampments.
“Homelessness is complex,” wrote Justice Neil Gorsuch, a Trump appointee, writing for the majority. “Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.”
Regulating camping on public property does not constitute “cruel and unusual punishment” under the 8th Amendment – a clause that the court said is restricted to limiting the type and severity of punishment, not the reason for punishment. And the types of punishment Grants Pass imposed on homeless residents – “limited” fines and a maximum jail sentence of 30 days – don’t…
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