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Excerpt from www.thenation.com
On April 22, the Supreme Court heard oral arguments for Grants Pass v. Johnson, a case that focuses on whether unhoused—the term that has generally replaced “homeless”—people with no indoor shelter options can even pull a blanket around themselves outdoors without being subject to criminal punishment.
Before making its way to the Supreme Court on appeal, the Ninth Circuit Court held that municipalities can’t punish involuntarily homeless people for merely living in the place where they are. This is exactly what the city of Grants Pass, Oregon, did when it outlawed resting or sleeping anywhere on public property with so much as a blanket to survive in cold weather, even when no beds in shelters were available. The law makes it impossible for unhoused residents to stay in Grants Pass, effectively forcing them to either move to another city or face endless rounds of punishment. In Grants Pass, the punishment starts with a $295 fine that, if unpaid, goes up to $500, and can escalate from there to criminal trespass charges, penalties of up to 30 days in jail, and a $1,250 fine.
The issue before the court is whether such a law violates the Eighth Amendment’s restrictions against cruel and unusual punishment. The city is asking the court to decide that the Eighth Amendment doesn’t impose any substantive limit on what can be criminalized, so long as the punishment itself isn’t considered cruel and unusual. If so, municipalities across the nation would be free to make involuntary homelessness unlawful.
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