Supreme Court divided over homeless ban and rights of the unhoused

[mahatmakanejeeves]

Source: Washington Post

Supreme Court divided over homeless ban and rights of the unhoused

By Ann E. Marimow and Reis Thebault
April 22, 2024 at 1:16 p.m. EDT

Supreme Court justices expressed concern on Monday about punishing homeless people for sleeping outside when they have nowhere else to go while also struggling with how to ensure local and state leaders have the flexibility to deal with the growing number of unhoused individuals nationwide.

The court’s review of a set of Oregon anti-camping laws could lead to the most significant ruling on the rights of the unhoused in decades, with potentially sweeping implications for state capitals and city streets.

Throughout the more than two-hour argument, the court’s three liberal justices were most skeptical of laws passed by the city of Grants Pass that they suggested criminalize the most basic of human needs.

Justice Elena Kagan told the city’s attorney that its laws go well beyond the need to clear encampments from public spaces. “Sleeping is a biological necessity,” Kagan said. “Sleeping in public is kind of like breathing in public.”

{snip}



People gather to protest outside the Supreme Court of the United States as the court prepared to hear Grants Pass v. Johnson on April 22, 2024, in Washington, D.C. (Matt McClain/The Washington Post)

{snip}

By Ann Marimow
Ann Marimow covers the Supreme Court for The Washington Post. She joined The Post in 2005, and has spent a decade writing about legal affairs and the federal judiciary. She previously covered state government and politics in California, New Hampshire and Maryland. Twitterhttps://twitter.com/amarimow

By Reis Thebault
Reis Thebault reports on the American West Coast from Los Angeles for The Washington Post. He joined The Post in 2018 and has covered national breaking news, European politics and D.C. city hall. He previously worked on the local desks of the Boston Globe and the Columbus Dispatch. Twitter https://twitter.com/reisthebault

Read more: https://www.washingtonpost.com/politics/2024/04/22/supreme-court-homelessness-camping-ban-oregon/

[maxsolomon]

1. Martin v Boise hasn't been challenged, and it should apply to Grant's Pass

Says you can't clear a camp if you don't have shelter to offer.

[former9thward]

2. The city is certainly challenging its interpretation.

Martin’s reimagining of the Eighth Amendment has had “‘dire practical consequences’” for hundreds of cities and millions of people since it was decided.

https://www.supremecourt.gov/DocketPDF/23/23-175/301436/20240226141222543_Grants%20Pass%20v.%20Johnson_merits%20brief%20-%20TO%20FILE.pdf