Supreme Court says city's homeless camping ban not 'cruel and unusual' punishment

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The 6-3 sentiment came from Justice Neil Gorsuch.

ByDevin Dwyer ABCNews logo

Friday, June 28, 2024 2:19PM

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The Supreme Court connected Friday ruled that an Oregon city's ordinance to barroom anyone without a imperishable residency from sleeping extracurricular does not magnitude to "cruel and unusual" punishment nether the Eighth Amendment.

The 6-3 sentiment was authored by Justice Neil Gorsuch. The court's 3 wide justices dissented.

"Homelessness is complex. Its causes are many. So whitethorn beryllium the nationalist argumentation responses required to code it," Gorsuch wrote. "At bottom, the question this lawsuit presents is whether the Eighth Amendment grants national judges superior work for assessing those causes and devising those responses. It does not."

Justice Sonia Sotomayor, successful a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, argued the ordinance punishes stateless radical with obscurity other to spell based connected status.

"It is imaginable to admit and equilibrium the issues facing section governments, the humanity and dignity of stateless people, and our law principles," Sotomayor wrote. "Instead, the bulk focuses astir exclusively connected the needs of section governments and leaves the astir susceptible successful our nine with an intolerable choice: Either enactment awake oregon beryllium arrested."

"The Constitution provides a baseline of rights for each Americans affluent and poor, housed and unhoused," Sotomayor said.

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