New SCOTUS Ruling Is 'Punishing People For Being Homeless,' Sotomayor Says in Dissenting Opinion

'Punishing people for their status is "cruel and unusual,"' Sotomayor wrote

New SCOTUS Ruling Is 'Punishing People For Being Homeless,' Sotomayor Says in Dissenting Opinion
A new Supreme Court ruling that is “punishing people for being homeless” has paved the way for cities to enforce outdoor sleeping bans on unhoused people. FREDERIC J. BROWN/AFP via Getty Images

A new Supreme Court ruling that is "punishing people for being homeless" has paved the way for cities to enforce outdoor sleeping bans on unhoused people.

The 6-3 ruling split along party lines overturns an appeals court's decision that found a law prohibiting homeless people from sleeping outside on public property in Grants Pass, Oregon unconstitutional.

The Supreme Court announced Friday the reversal of the decision, penned by Justice Neil Gorsuch.

"Homelessness is complex," he wrote in the court's opinion. "Its causes are many. So may be the public policy responses required to address it. The question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. A handful of federal judges cannot begin to 'match' the collective wisdom the American people possess in deciding 'how best to handle' a pressing social question like homelessness."

In her dissenting opinion, Justice Sonia Sotomayor argued, "Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option."

"For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional. Punishing people for their status is 'cruel and unusual' under the Eighth Amendment."

In 2018, The Ninth Circuit Court of Appeals ruled that fining people for sleeping outside when the city of Grants Pass lacked a sufficient number of shelter beds violated the Eighth Amendment.

Grants Pass Mayor Sara Bristol said she is "relieved" residents "will be able to reclaim our city parks for recreation."

"While this decision was a win for the city, GP residents should not expect immediate changes in our parks," she wrote on Facebook Friday. "The city council and our attorneys will need some time to review this decision, as well as state law, and discuss our steps moving forward."

Tags
Supreme court, U.S. Supreme Court, Oregon, Homeless, Appeals court
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