If you needed a reminder that we live in an oligarchy and not a democratic republic, today the Supreme Court decided City of Grants Pass v. Johnson. The question at hand was if it was cruel and unusual for a city to punish homeless people for sleeping outside when they have no other option. The facts of the case were based in Oregon but the stakes of the matter are a lot bigger. Not having a place live has hit record levels across the United States. Given that about 66% Americans are living paycheck to paycheck and over half lack $1,000 to spend in the event of a crisis, the adage that most people are a tragedy or two away from living on the streets isn’t just true, it needs to be updated. You’re a tragedy or two away from being arrested for having nothing and going to sleep.
Sotomayor’s dissent hits at the heart of the ethical and status/conduct distinctions of the case:
Today is a boon to prisons and a bad day for liberty. While we may treat homelessness like COVID and pretend that it will go away if we don’t acknowledge it, the facts remain the facts no matter how hard we close our eyes. Homeless folks are out there and increasing in number. If states fail to support their citizens, prisons will welcome them with open arms and forced labor. If you can’t see what’s cruel about that, well, the majority of the Court is with you.
Earlier: SCOTUS To Hear Case On Constitutionality Of Functionally Banning Homeless People From Being In Public
Struggling With The Status Versus Conduct Distinction? So Are The Supreme Court Justices
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
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