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Stateline: US Supreme Court appears to lean toward Oregon city in complex homelessness case

April 22, 2024

WASHINGTON — A majority of U.S. Supreme Court justices Monday seemed inclined to side with an Oregon town’s law that bans homeless people from sleeping outdoors, in a case that could have broad implications for local ordinances related to homelessness across the country.

During oral arguments in City of Grants Pass, Oregon v. Johnson, conservative justices said that policies and ordinances around homelessness are complex, and indicated it’s a policy question that should be left up to local elected representatives rather than the courts.

“Why do you think these nine people are the best people to judge and weigh those policy judgments?” Chief Justice John Roberts asked, referring to the Supreme Court.

Taking a much different tack, the three liberal justices said that Grants Pass officials went too far and targeted homeless people with fines for the basic human need to sleep when they camped outside.

Justice Sonia Sotomayor grilled the lawyer for Grants Pass on how the city law essentially criminalized homelessness.

“You don’t arrest babies who have blankets over them, you don’t arrest people who are sleeping on the beach, as I tend to do if I’ve been there a while. You only arrest people who don’t have a second home, is that correct?” Sotomayor said.

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