The case is the most significant to come before the high court in decades on the issue and comes as a rising number of people in the U.S. arealong ideological lines, the high court reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans amount to cruel and unusual punishment.
“Cities across the West report that the 9th Circuit’s involuntary test has crated intolerable uncertainty for them,” Gorsuch wrote. “Sleep is a biological necessity, not a crime,” Justice Sonia Sotomayor said, reading from the bench a dissent joined by her liberal colleagues. “Punishing people for their status is ‘cruel and unusual’ under the Eighth Amendment,” she wrote in the dissent.
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