Does not amount to “cruel and unusual punishment” under the Eighth Amendment
The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes as protective measures against the elements while sleeping within city limits. In a decision reached by a 6-3 vote, the justices sided with the city of Grants Pass, asserting that the ordinances serve to prohibit camping on public property for all individuals and do not infringe upon the Constitution’s prohibition of cruel and unusual punishment.
Writing for the majority, Justice Neil Gorsuch contended that the Eighth Amendment, which bans cruel and unusual punishment, “serves many important functions, but it does not authorize federal judges” to “dictate this Nation’s homelessness policy.”
Instead, he suggested, such a task should fall to the American people.
Justice Sonia Sotomayor dissented, in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. She argued that the majority’s ruling “focuses almost exclusively on the needs of local government and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”
In Grants Pass, a city with a population of just under 40,000, as many as 600 individuals experience homelessness on any given night, prompting the city’s decision in 2013 to intensify the enforcement of existing laws that prohibit the use of blankets, pillows, and cardboard boxes for sleeping within city limits.
Violators are subject to significant fines starting at 295 dollars, which can increase to 537.60 dollars if not paid promptly. Receiving two citations may result in local police issuing a ban from city property and anyone who disregards this order can be charged with criminal trespass, which may lead to penalties of up to 30 days imprisonment and a fine of 1250 dollars.
Holding: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 28, 2024. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.
Recommended Citation: Amy Howe, Justices uphold laws targeting homelessness with criminal penalties, SCOTUS blog (Jun. 28, 2024, 1:48 PM), https://www.scotusblog.com/2024/06/justices-uphold-laws-targeting-homelessness-with-criminal-penalties/
Legal Counsel and Your Rights
When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.
Contact Komorn Law PLLC if you’re ready to fight and win.
Research us and then call us.
More Rights You Should Know
4th Circuit says – Assault weapons can be banned
This case is about whether the Act’s general prohibition on the sale and possession of certain “assault weapons,” are unconstitutional under the Second Amendment. An en banc federal appeals court upheld Maryland’s ban on assault-style weapons in a 10-5 decision...
SCOTUS Decision Gives Starbucks a Win in Labor Dispute
The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...
Other Articles
Terry Stop and Refusal to Identify Yourself to Police
Because this is how it always goes...This is the second part of this post. Read this first - Just Because You're Hanging Out in a High Crime Area Doesn't Make You Suspicious.Standard for Investigatory Detentions / Terry Stops Under Terry v Ohio and other well...
Just Because You’re Hanging Out in a High Crime Area Doesn’t Make You Suspicious
Mere presence in a “high crime” area does not provide particularized suspicion of criminal activity for an investigatory detention.People vs Prude In People v Prude, Prude was in a parked vehicle at an apartment complex that was regularly patrolled by police because...
Gun buyback program – Michigan
There's another bounty to be claimed besides turning in your neighbor.Defined here in HB6144 can mean so many things... “firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosiveEntrepreneurs get...
Sextortion – Michigan
Sextortion - Extortion with an S.Michigan House Bills 5887 and 5888 make sextortion illegal in Michigan. The law defines sextortion as a threat to create or disseminate sexually explicit images or videos of another person to coerce them. The new law makes a first...
Earned Sick Time Act – 2025 New Laws in Effect for Michigan
Some laws in effect in 2025 "Enacted by the People of Michigan" Here we go...remember these laws can change at any moment because that's what the politicians do that you don't.Earned Sick Time Act Because everyone is sick...sometimes Read more on your own time.AN ACT...
If I renounce my US citizenship can I get it back?
Venezuela or Bust If I renounce my U.S. citizenship can I get it back?Renouncing U.S. citizenship is a serious legal action. It involves voluntarily giving up your status as a U.S. citizen, usually by signing an oath of renunciation at a U.S. embassy or consulate...
New Laws in Effect for Michigan in 2025
Some laws in effect in 2025 "Enacted by the People of Michigan" Here we go...Minimum wage Improved Workforce Opportunity Wage Act - Michigan's minimum wage will increase twice during 2025, per a 2018 Supreme Court ruling. Starting Jan. 1, 2025, the standard minimum...
The Police Took Your Cellphone – Now What?
Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...
