SCOTUS: Anti-Camping Ordinances Applied to Homeless Are Constitutional

Today, the U.S. Supreme Court decided whether cities should enforce anti-camping ordinances against the homeless in an Eighth Amendment challenge to an Oregon law. The Court held 6–3 that cities may enforce anti-camping ordinances against homeless people even when insufficient shelter beds are available.of the Court, which the Chief Justice and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Thomas wrote a concurring opinion.

The Eighth Amendment states, “xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Because the punishment imposed against homeless campers was not designed to add “terror, pain, or disgrace,” it passed constitutional muster, the majority held., where the Supreme Court held that the government may not criminalize the status of being a drug addict even though it may criminalize the conduct of drug use. Criminalizing the status of addiction, the Court held, violates the Eighth Amendment’s prohibition on cruel and unusual punishments.and the distinction between conduct and status.

Sotomayor began her dissent by noting, “leep is a biological necessity, not a crime. For some people, sleeping outside is their only option.”

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