Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

July 3, 2024

Supremes Refuse to Normalize Sleeping Rough

It’s likely no other Supreme Court ruling this year will positively impact more people.

Whether you live in a city or a small town, you’re a winner because of the U.S. Supreme Court’s decision in City of Grants Pass v. Johnson, announced on Friday. The Supremes ruled 6-3 that municipalities can ban homeless encampments from sidewalks, parks and other public areas. Sleeping in the rough is not a constitutionally guaranteed right, said the court.

It’s likely no other Supreme Court ruling this year will positively impact more people. In cities plagued by street living, parents walking their children to school have to navigate around discarded needles and human waste. Store owners opening up in the morning have to deal with entrances blocked by cardboard shelters. People risk getting mugged walking by the encampments on their way to work.

The small town of Grants Pass, Oregon, banned sleeping under cardboard boxes, tents and blankets in public places. Homelessness advocates sued, citing a 2018 9th Circuit Court of Appeals ruling — Martin v. City of Boise. It said that fining or jailing people for sleeping in the rough was “cruel and unusual punishment,” a violation of the U.S. Constitution.

Lawyers for Grants Pass asked the Supreme Court to overturn Martin, citing the incidence of “crime, fires, the reemergence of medieval diseases,” and “record levels of drug overdoses and deaths on public streets” wherever sleeping rough is tolerated.

In every one of the nine states affected by the Martin ruling — Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington — street living has soared since 2018, up 51% in Alaska, 46% in Idaho, and 46% in Oregon, according to the Department of Housing and Urban Development’s annual homeless survey. Legalizing living rough encourages it.

Had the Supreme Court ruled against Grants Pass, all 50 states likely would be facing a surge in street living.

Stunningly, the three justices who dissented in Grants Pass — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — showed no interest in how homeless encampments harm quality of life for other residents. Sotomayor, who penned the dissent, sneered at the majority for framing the problem “as one involving drugs, diseases, and fires instead of one involving people trying to keep warm outside with a blanket.”

Sotomayor, Kagan and Jackson want to legitimate sleeping rough, arguing that there are “myriad legitimate reasons people may lack or decline shelter.”

New York City’s far left City Council has the same misguided idea. It passed a “Homeless Bill of Rights” making street living a right. The average lifespan of someone living on the street is 48 years, compared with 78 for most people. Losing three decades of life is not a right. It’s a terrible wrong.

Justice Neil Gorsuch, writing for the majority, cited data from many cities showing that most homeless are living on the street by choice, refusing offers of shelter in favor of easy access to illegal drugs and no shelter rules.

San Francisco attested to the court that it has “seen over half of its offers of shelter and services rejected by unhoused individuals who often cite” the Martin order “as their justification to permanently occupy and block public sidewalks.”

Finally, Gorsuch said judges should not be homelessness czars, dictating policy. It’s up to local lawmakers to decide how the homeless are cared for and how public resources are spent. The Grants Pass ruling is a bold denunciation of judges making decisions that should be left to locally elected leaders.

Are you listening, Mayor Eric Adams? New York City is a victim of this judicial activism.

For over four decades, New York City residents have been forced to foot an enormous bill — billions of dollars a year — because of a consent decree and subsequent court rulings that dictate the city’s homeless policies, down to details like meals served and square footage per person. The big winner is the homeless-advocacy-industrial complex that runs shelters, files lawsuits and profits off the exorbitant spending.

New York City is the only place compelled by the courts to guarantee shelter for all comers.

It will bankrupt New York. Tell Adams it’s time to challenge the consent decree and wrest control of homeless policy from judges. If little Grants Pass can do it, the Big Apple can too.

COPYRIGHT 2024 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.