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Supreme Court divided over homeless ban and rights of the unhoused

Washington Post Original article ›
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Governor Newsom of California is joining Republican Governors of Montana and Alabama to allow cities to act to limit encampments of the homeless in American cities, taking the case to the US Supreme Court. The Biden Administration is walking a delicate path by supporting rights of the homeless that lower courts support  yet not wanting to see the spread of homeless encampments affect the overall safety and health of cities where homeless encampments affect quality of life in neighborhoods. Homelessness of 600,000 people in the US, with more than half sleeping outside in open spaces and parks is now before the US Supreme Court. The pandemic, the large increase in housing costs in the western states, and the cost of living have pushed many people over the edge, at an alarming rate for four years. Justices ask city attorneys of Grants Pass, and in effect other cities in the US, where are people supposed to go if no other shelter is offered by the city, that they have a right to sleep, and breathe. "Sleeping is a biological necessity- Justice Elena Kagan. "Are they supposed to kill themselves, not sleeping," Justice Sotomayor.  Justices Kavanaugh and Roberts questioned whether judges should be making decision that should be made by policymakers.

US Supreme Court is reviewing a lower court ruling upholding rights of homeless people in the US  under the 8th Amendment that is opposed by the city of Grants Pass, Oregon. A small western town of 40,000 people facing a problem of a significant portion of its population, about 8%, having to sleep in parks and in open public spaces because they have nowhere to go. It has only 138 beds from the Gospel Rescue Mission for homeless situations with strict rules. It faces in today's America rising homelessness- affordability of housing affecting people in many states. In 2022 an three judge panel of the 9th Circuit Court of Appeals which covers western states Oregon, California, and Washington upheld a lower court decision barring the city of Grants Pass from enforcing a citywide ban on sleeping in parks at night if no other shelter was available with fines ranging $75 -$295. As a result of this decision encampments of the homeless are increasing in the western states because restrictions on public camping no longer play a deterring role. Cities say this increases crime and drug use, disease, and hazardous waste. 



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