SCOTUS is considering the legality of homeless encampment bans
Image: Amanda Lucier/NYT
On Monday, the Supreme Court heard arguments in a case that will decide whether US cities can prevent homeless individuals from sleeping outside on public property, even when shelter space is lacking.
The case dates back to 2013, when the rural Oregon town of Grants Pass approved a law establishing a $295 fine for sleeping outside in response to a growing number of tents springing up in the city’s public parks.
- The law was struck down in 2022 by the 9th Circuit Court of Appeals, which deemed it a violation of the 8th Amendment’s ban on cruel and unusual punishment for cities to clear homeless camps – unless they also offer the residents adequate housing.
- The decision was later appealed to the Supreme Court, resulting in Monday’s hearing.
The arguments: Homeless rights advocates contend that laws like the one in Grants Pass are unconstitutional and only serve to worsen the ongoing US homelessness crisis, since such individuals will further lack the ability to get back on their feet. They also argue that local governments should focus on solving the root causes of homelessness, instead of penalizing its victims.
- On the flip side, a majority of SCOTUS Justices appear partial to arguments from city leaders and civic organizations across the political spectrum, who say laws like the one in Grants Pass would help them address homeless encampments that often place local residents and businesses in danger.
Big picture: An estimated 650,000+ Americans are currently experiencing homelessness, representing the highest figure since the US government began using a yearly point-in-time survey in 2007. Roughly 40% of homeless individuals in the US sleep outside, per federal data.
👀 Looking ahead… The Court’s final decision is expected in late June or early July.
📊 Flash poll: In your opinion, should local governments be allowed to clear homeless camps without also offering alternative housing to all homeless residents?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that the idea of fining and jailing homeless people as a way to deal with homelessness is a poor solution to the problem, and merely allows cities to effectively shoo their homeless populations away and make them someone else’s problem.
- Others contend that the 9th Circuit Court’s approach has shown itself to be counterproductive, since without a credible threat of sanctions against public camping, officials have little leverage to induce people to take shelter beds when they’re available.
- “The Supreme Court cannot allow homelessness to be a crime” –LA Times Editorial Board
- “There is no constitutional right to pitch your tent on the sidewalk” –WaPo Editorial Board
- “Do Not Make Survival Even More Difficult for People on the Streets” –Laura Riley, NY Times
Sprinkles from the Right
- Some commentators argue that the Ninth Circuit Court decision should be overturned by SCOTUS, since it handcuffs state and local officials who want to protect their citizens and help the mentally ill and drug addicts get treatment.
- Others contend that people who argue homelessness is a victimless crime are ignoring the disruption, drug use, and crime experienced by residents and businesses in the surrounding area, and also say the public should be empowered to deal with those issues.
- “The Supreme Court Considers a Judge-Made Right to Vagrancy” –WSJ Editorial Board
- “There’s no homeless ‘right’ to sleep rough — and the Supreme Court seems to agree” –Betsy McCaughey, NY Post
- “Supreme Court set to save Democrats from their homelessness insanity” –Washington Examiner Editorial Board
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