Supreme Court justices sounded deeply divided Monday over whether to give cities in the West more authority to restrict homeless encampments on sidewalks and other public property. The court's three liberals said they were wary of giving cities a broad and unchecked power to use arrests and fines to punish homeless people who are sleeping outside. 'Sleeping is a biological necessity,' said Justice Elena Kagan.
It was not clear there was a solid majority to overturn the 9th Circuit entirely; some justices appeared to favor a middle-ground approach. That would allow cities to regulate where people can sleep outside, but it would not prohibit camping or sleeping throughout the city. Deputy U.S. Solicitor Gen. Ed Kneedler urged the court to adopt that approach.
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