This should be pretty simple. The Constitution is silent on homeless people, thus laws about them are up to the states.
A majority of Supreme Court justices on Monday appeared sympathetic to an Oregon city making it a crime for anyone without a permanent residence to sleep outside in an effort to crack down on homeless encampments across public properties.
The case, City of Grants Pass v. Johnson, carries enormous stakes nationwide as communities confront a growing tide of unhoused residents and increasingly turn to punitive measures to try to incentivize people to take advantage of social services and other shelter options.
“These generally applicable laws prohibit specific conduct and are essential to public health and safety,” argued the city’s attorney Theane Evangelis during oral arguments, which stretched more than two and a half hours.
The Ninth Circuit Court of Appeals said in a decision last year that a homeless camping ban amounts to “cruel and unusual punishment” under the 8th Amendment. But several members of the high court’s conservative majority took a critical view of that conclusion.
“Have we ever applied the Eighth Amendment to civil penalties?” asked a skeptical Justice Clarence Thomas.
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