In a crucial homelessness case before the U.S. Supreme Court, Justice Brown Jackson posed a startling question to an attorney representing the city of Grants Pass, Oregon: what would be the legal implications if the city decided to execute homeless people? Attorney Theane D. Evangelis responded that such an act would be deemed “cruel and unusual punishment.”
Justice Sonia Sotomayer then challenged the attorney, asking about cities without compassion and where homeless people were supposed to sleep if not outdoors. She suggested that cities could enforce bans on defecation or fires in public but not criminalize the act of sleeping itself.
The case stemmed from a lawsuit filed by homeless individuals against the city of Grants Pass, alleging that the government illegally banned sleeping bags, blankets, and cardboard boxes to prevent them from sleeping on the streets. In September 2022, the Ninth Circuit Court of Appeals ruled that the local law outlawing sleeping bags was unconstitutional.
Homelessness is a pressing issue in the United States, with over 600,000 people experiencing homelessness daily, half of whom are forced to sleep outside. Experts believe that criminalizing homelessness is ineffective and costly, advocates instead for investments in affordable housing and proven solutions to end poverty and homelessness.
The Supreme Court’s decision in this case could have significant implications for cities grappling with homelessness and the provision of affordable housing. Conservative justices seemed sympathetic to Grants Pass, while liberal justices expressed concern for the homeless residents and the potential for cruel and unusual punishment. The outcome will likely depend on the ideological divide within the Court, with a conservative supermajority potentially upholding the city’s policy.
