Will the Supreme Court Uphold the 14th Amendment and Block an Oregon Law Criminalizing Homelessness?

. In some areas and among some populations, entrenched economic inequality is particularly acute. One in four children in New York Cityas white Americans to reside in high-poverty neighborhoods. These figures are a testament to the pressing need to address economic inequality and thein this country.

Fortunately, there is a tool available in this case—and in the fight against economic inequality generally—that has for far too long been underutilized in the realm of economic justice: the 14Amendment revolutionized our Constitution, changing a document that sanctioned bondage into one that promised liberation and equal citizenship. But this is only part of the story: The 14Amendment was also adopted to safeguard the fundamental rights and equality of poor people.

Redressing the horrors and aftermath of slavery required sweeping guarantees to protect the most oppressed Americans—those who had been held in slavery, forced to toil their entire lives without pay, denied ownership of their bodies and brutalized, and left in abject poverty. One of the chief abuses the 14were pernicious vagrancy laws in the post–Civil War Black Codes, which were designed to push Black Americans back into enslavement simply because they were poor.

In 2013 the city of Grants Pass, Oregon, adopted a series of ordinances that criminalize sleeping anywhere in public with as little as a blanket. Rather than protect its most marginalized inhabitants, the city sought to use the power of criminal law to banish its homeless residents.

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