U.S. Supreme Court allowing cities to punish homeless people as criminals

In a shocking and callous move, the U.S. Supreme Court has rejected a constitutional challenge to so-called ‘anti-camping’ laws, effectively allowing cities to continue punishing homeless people for the mere act of existing without shelter.

The U.S. Supreme Court has decreed that homeless people may be treated like criminals.

This decision is not only a grave injustice but a blatant disregard for human dignity and the realities of America’s homelessness crisis.

In a narrow-minded 6-3 ruling, the court declared that homelessness is not a status protected by the Eighth Amendment’s prohibition on cruel and unusual punishment, even when a community offers no access to indoor shelter.

Writing for the majority, Justice Neil M. Gorsuch demonstrated a profound lack of empathy by stating that the Eighth Amendment “does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this nation’s homelessness policy.”

Homelessness isn’t a crime, but the US Supreme Court might soon change that

Such an opinion reeks of detachment from the suffering of those who have no roof over their heads, according to critics of the ruling.

This case, arising from the draconian laws of Grants Pass, Oregon, reveals the depths of governmental cruelty. The Supreme Court’s decision leaves the door open for further persecution of homeless individuals, who are already among the most vulnerable in our society.

Justice Sonia Sotomayor, a voice of reason and compassion, read her dissent from the bench, condemning the majority’s ruling. “Sleep is a biological necessity, not a crime,” she stated, joined by Justices Elena Kagan and Ketanji Brown Jackson.

Their dissent highlights the fundamental truth that punishing people for being homeless is inhumane and unjust.

As a matter of law, the Supreme Court has long held that the government cannot punish someone for their status, such as being homeless, so this marks another giant reversal that abandons precedent in an ongoing effort by the stacked court to repeal 20th Century advances for civil rights.

The Supreme Court took up this case after pressure from a coalition spanning the political spectrum, including liberals like California Governor Gavin Newsom and officials from Republican-led states such as Montana and Alabama.

Despite their political differences, these officials share a failure to address the root causes of homelessness and an eagerness to criminalize the poor instead.

The statistics are staggering: more than 600,000 people are homeless nationwide, with nearly half forced to sleep outside. Yet, rather than offering solutions, local officials in places like Grants Pass resort to punitive measures.

In 2018, three homeless individuals — Debra Blake, Gloria Johnson, and John Logan — sued Grants Pass after the city began ruthlessly enforcing bans on sleeping or camping in public spaces.

The fines for such “violations” ranged from $75 to $295, escalating to jail time or park bans for unpaid penalties. These actions punish people simply for being poor, a gross violation of the Eighth Amendment.

A district court judge had rightly barred the city from enforcing its anti-camping ban if no other shelter was available. The 9th Circuit Court of Appeals upheld this decision, but the Supreme Court’s reversal now may embolden cities to continue their heartless practices.

The attorney for Grants Pass argued that unchecked encampments lead to increased crime and hazards.

However, this argument ignores the reality that criminalizing homelessness only exacerbates these issues. True justice and effective policy must address the root causes of homelessness, not punish those who suffer from it.

The Biden administration’s attempt to strike a middle path was inadequate.

While acknowledging that anti-camping laws should not target those without shelter, it failed to fully protect the rights of the homeless.

“This Supreme Court decision is a disgrace. It criminalizes poverty and ignores the systemic issues that lead to homelessness,” said New Jersey justice advocate Lisa McCormick. “Americans must rise to the responsibility of citizenship by demanding compassionate, just policies that provide shelter and support, not punishment, for those in need. Only then can we claim to be a nation that truly values justice and equality for all.”

McCormick said the Ninth Circuit got it right when the court ruled: “As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”