: For better or worse, the U.S. Constitution does not guarantee any kind of fundamental right to shelter. The only question at issue inU.S. Circuit Court of Appeals has held that the Constitution prohibits the prosecution of indigent people who sleep in public places when there is no available shelter space.gives the Supreme Court an opportunity to overturn that rule—and, in the process, roll back long-standing limitations on cruel and unusual punishment.
None of that is ideal. All of it is better than a maximalist decision overruling broader constitutional guarantees against the criminalization of poverty and addiction
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