City of Grants Pass, Oregon v. Johnson

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Supreme Court of the United States
City of Grants Pass, Oregon v. Johnson
Term: 2023
Important Dates
Argued: April 22, 2024
Decided: June 28, 2024
Outcome
reversed and remanded
Vote
6-3
Majority
Neil GorsuchChief Justice John RobertsSamuel AlitoBrett KavanaughAmy Coney Barrett
Concurring
Clarence Thomas
Dissenting
Sonia SotomayorElena KaganKetanji Brown Jackson

City of Grants Pass, Oregon v. Johnson is a case that was decided by the Supreme Court of the United States on June 28, 2024, during the court's October 2023-2024 term. The case was argued before the Supreme Court of the United States on April 22, 2024.

The Court reversed and remanded the decision of the United States Court of Appeals for the Ninth Circuit in a 6-3 ruling, holding that enforcing laws regulating camping on public property did not violate the "cruel and unusual punishments" clause of the Eighth Amendment.[1] Click here for more information about the ruling.

HIGHLIGHTS
  • The issue: The case concerned laws regulating camping on public property and the Eighth Amendment. Click here to learn more about the case's background.
  • The questions presented: "Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Eighth Amendment?"[2]
  • The outcome: The Court reversed and remanded the decision of the United States Court of Appeals for the Ninth Circuit in a 6-3 ruling, holding that enforcing laws regulating camping on public property did not violate the "cruel and unusual punishments" clause of the Eighth Amendment.[1]

  • The case came on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit. To review the lower court's opinion, click here.

    Timeline

    The following timeline details key events in this case:

    Background

    The City of Grants Pass, Oregon has a population of about 38,000, with a homeless population of up to 600 people.[3] The number of unhoused persons exceeds the number of shelter beds available, which means that some of the unhoused population sleeps on the streets or in parks. City ordinances prevent homeless individuals from using a blanket, a pillow, or a cardboard box for protection from the elements while sleeping inside the City's limits. Violating these ordinances can lead to fines of several hundred dollars for each violation. Those who commit multiple violations may be banned from all city property. If a homeless person is found on city property after being banned, they may be criminally prosecuted for trespassing.[4][3]

    In 2018, a three-judge panel of the United States Court of Appeals for the Ninth Circuit held in Martin v. City of Boise that the Eighth Amendment prohibits imposing criminal penalties for homeless individuals who sit, sleep, or lie outside on public property because they cannot find shelter.[3][5]

    The United States District Court for the District of Oregon concluded that, based on the unavailability of shelter beds in the City of Grants Pass, the City’s consequences for homeless persons sitting, sleeping, or lying in public spaces violated the Cruel and Unusual Punishment Clause. A panel of judged on the United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision and denied rehearing en banc.[3]

    Questions presented

    The petitioner presented the following questions to the court:[2]

    Questions presented:
    Does the enforcement of generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Eighth Amendment?

    [6]

    Oral argument

    Audio

    Audio of oral argument:[7]




    Transcript

    Transcript of oral argument:[8]

    Outcome

    In a 6-3 opinion, the court reversed and remanded the judgment of the United States Court of Appeals for the Ninth Circuit, holding that enforcing laws regulating camping on public property did not violate the "cruel and unusual punishments" clause of the Eighth Amendment. Justice Neil Gorsuch delivered the opinion of the court.[1]

    Opinion

    In the court's majority opinion, Justice Neil Gorsuch wrote:[1]

    The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy. The judgment below is reversed, and the case is remanded for further proceedings consistent with this opinion. [6]

    —Justice Neil Gorsuch

    Concurring opinion

    Justice Clarence Thomas filed a concurring opinion.

    In his concurring opinion, Justice Clarence Thomas wrote:[1]

    Because the respondents’ claims fail either way, the Court does not address the merits of the Court of Appeals’ theory. [...] Suffice it to say, we have never endorsed such a broad view of the Cruel and Unusual Punishments Clause. Both this Court and lower courts should be wary of expanding the Clause beyond its text and original meaning. [6]

    —Justice Clarence Thomas

    Dissenting opinion

    Justice Sonia Sotomayor filed a dissenting opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson.

    In her dissent, Justice Sonia Sotomayor wrote:[1]

    This Court, too, has a role to play in faithfully enforcing the Constitution to prohibit punishing the very existence of those without shelter. I remain hopeful that someday in the near future, this Court will play its role in safeguarding constitutional liberties for the most vulnerable among us. Because the Court today abdicates that role, I respectfully dissent. [6]

    —Justice Sonia Sotomayor

    Text of the opinion

    Read the full opinion here.

    October term 2023-2024

    See also: Supreme Court cases, October term 2023-2024

    The Supreme Court began hearing cases for the term on October 2, 2023. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[9]


    See also

    External links

    Footnotes