SCOTUS Upholds Outdoor Sleeping Ban

Facts

• In a 6-3 ruling, the US Supreme Court (SCOTUS) overturned a lower court decision which found that it was cruel and unusual punishment for the city of Grants Pass, Oregon, to enforce anti-camping laws against the homeless when no shelter space was available.¹
• Writing for the majority, Justice Neil Gorsuch called homelessness a 'complex' issue, saying judges did not have the right to 'dictate this Nation’s homelessness policy.' They also found that homelessness was not a protected status covered by the Eighth Amendment.²
• Justice Sonia Sotomayor, joined by the two other liberal-leaning judges in her dissent, said that the majority focused 'exclusively' on the needs of governments without taking into account the needs of 'the most vulnerable in our society.'³
• The town of Grants Pass saw its population double over the span of 20 years, leading the city to pass ordinances against outdoor sleeping as housing prices and the homeless population increased. Three individuals unable to pay citations sued the city over its policy.⁴
• The 9th Circuit Court of Appeals, which had previously held that it was unconstitutional for governments to ban sleeping on public property if the accused had 'no home or other shelter to go to,' ruled in favor of the Grants Pass plaintiffs in 2022.⁴
• Last year, homelessness in the US reached its highest reported level, with 650K Americans being homeless, a 12% increase. Half of those individuals are believed to be sleeping outdoors.⁵

Sources: ¹Reuters, ²Washington Post, ³CBS, ⁴BBC News and ⁵Associated Press.

Narratives

• Left narrative, as provided by The New Republic. This decision criminalizes being homeless, and allows governments to take increasingly punitive and draconian actions against a vulnerable population. A coalition of politicians from across the spectrum seemingly endorses the notion that you can jail your way out of the housing crisis as they try to keep the homeless out of sight and out of mind. This ruling is unconstitutional and inhumane. We need real solutions to fix homelessness.
• Right narrative, as provided by Washington Post. Homelessness is a pressing social issue, and rulings that have outlawed camping bans have hamstrung governments from taking action. Without a camping ban, many of those suffering from chronic homelessness have no incentive to enter shelters or treatment. Progressive judges left cities with no options as encampments, violence, and crime proliferated due to their bleeding-heart attitude, with even progressive leaders crying for change.