As more people end up experiencing homelessness, they’re also facing increasingly punitive and reactionary responses from local governments and their neighbors. Such policies could become legally codified in short order, with the high court having agreed to hear arguments in Grants Pass v. Johnson.

Originally brought in 2018, the case challenged the city of Grants Pass, Oregon, over an ordinance banning camping. Both a federal judge and, later, a panel from the Ninth Circuit Court of Appeals struck the law down, saying that Grants Pass did not have enough available shelter to offer homeless people. As such, the law was deemed to be a violation of the Eighth Amendment.

The ruling backed up the Ninth Circuit’s earlier ruling on the Martin v. City of Boise case, which said that punishing or arresting people for camping in public when there are no available shelter beds to take them to instead constituted a violation of the “cruel and unusual punishment” clause in the Eighth Amendment. That applied to localities in the Ninth Circuit’s area of concern and has led to greater legal scrutiny even as cities and counties push for more punitive and restrictive anti-camping laws. In fact, Grants Pass pushed to get the Supreme Court to hear the case, and several nominally liberal cities and states on the West Coast are backing its argument. If the Supreme Court overturns the previous Grants Pass and Boise rulings, it would open the door for cities, states, and counties to essentially criminalize being unhoused on a massive scale.

Archived at https://web.archive.org/web/20240223125412/https://newrepublic.com/article/178678/supreme-court-criminalize-homeless-case

    • @Smoogs
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      69 months ago

      They’ll start to notice when there’s a downturn in their stock earnings due to imprisoning everyone. They have to feel it personally before they take issue with such problems. They don’t have a very far attention span.

      • @Maggoty
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        59 months ago

        Oh no the stock market will do just fine when we create different tiers of work camp prison with different suppliers. There’ll just be less variety in stocks.

      • @[email protected]
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        39 months ago

        “Under a government which imprisons any unjustly, the true place for a just man is also a prison.”

        • Hank the-one-man-think-tank Thoreau

        They’ll have just invested in the newly expanded private prison system then.

        Things gonna be a money maker, all that free labor…and if you refuse to work they tack on YEARS extra.

        Man that’s gonna make for some spicy prison riots.

        • @Maggoty
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          49 months ago

          I hate to say this but they’re going to find out the hard way that most of the homeless veterans are that way by choice and they remember how to fight in an organized manner. Our very own hometown militarized gangs! Yay!

          • @[email protected]
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            29 months ago

            We all knew that was part of the endgame, c’mon now. This will probably only surprise them, since, y’know, they don’t know anyone who’s ever served before.