The Supreme Court heard oral argument Monday in the case of City of Grants Pass v. Johnson, which raises the issue of how states and localities may deal with the problem of homelessness.
The U.S. Court of Appeals for the 9th Circuit held that it violates the cruel and unusual punishment clause of the Constitution’s Eighth Amendment for a city (in this case, Grants Pass, Oregon) to fine someone for sleeping on public property if no bed is available at a secular shelter.
After Monday’s argument, it seems likely that the high court will reverse the lower court’s decision.
In its ruling, the 9th Circuit relied on two Supreme Court decisions: Robinson v. California, which held that a state can’t criminalize the status of being a narcotics addict, and Powell v. Texas, which held that a state may outlaw being drunk in public.
The 9th Circuit read those decisions as…
