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Thrive News Co. > Blog > Government > Supreme Court weighing Constitutional Right of homeless to camp on public property
Government

Supreme Court weighing Constitutional Right of homeless to camp on public property

THRiVE! News
Last updated: April 29, 2024 5:55 am
By THRiVE! News 2 Min Read
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Arguments were heard this week regarding rights of homeless on public places

In a significant development, the Supreme Court heard arguments this week on whether homeless individuals possess a constitutional right to camp on public property in the absence of alternative shelter options.

The impetus for this decision stems from appeals lodged by city officials primarily from California and other Western states. The focus of the court’s review will be on the rulings issued by the U.S. 9th Circuit Court of Appeals. This appellate court had determined that it constituted cruel and unusual punishment for cities to deny homeless individuals a place to sleep.

The repercussions of the 9th Circuit’s decisions have been profound, particularly for public officials in California and the eight other Western states under its purview. These officials now confront heightened scrutiny and legal hurdles whenever they undertake actions to clear encampments or relocate homeless individuals.

“A number of us, I think, are having difficulty with the distinction between status and conduct,” conservative Chief Justice John Roberts told Kelsi Corkran this week, the lawyer arguing for the plaintiffs, according to Reuters. Roberts raised doubts that homelessness can be considered a status that would prohibit enforcing local laws. “You can remove the homeless status in an instant if you move to a shelter, or situations otherwise change,” Roberts said.

The Supreme Court’s involvement in this matter underscores its recognition of the situation surrounding homelessness and the utilization of public spaces. This case is poised to shape future policies and practices concerning homeless populations, not only in California but also across the broader Western region.

Stay tuned as the Supreme Court delves into this crucial constitutional issue and its potential ramifications on homeless rights and public property regulations.

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