Supreme Court Justice Ketanji Brown Jackson says it’s ‘cruel and unusual’ to criminalize homelessness

The Grio, via MSN ^ | Aoril 23, 2024 | Ashlee Banks

[libstripper]

“We’re talking about sleeping … that is a basic function,” said the nation’s first Black female justice.

U.S. Supreme Court Justice Ketanji Brown Jackson argued that it is “cruel and unusual” to punish unhoused individuals for sleeping in public spaces.

“We’re talking about sleeping … that is a basic function,” Justice Jackson said during Monday’s oral arguments in a case that could result in the criminalization of homelessness.

On Monday, the Supreme Court heard more than two hours of arguments in the case of Grants Pass v. Johnson. The justices listened to both sides of the case to determine whether cities across the nation are violating the Eighth Amendment and engaging in “cruel and unusual punishment” by placing restrictions on where unhoused individuals can rest.

While the liberal justices opposed criminalizing members of the unhoused community, the conservative majority considered an argument from attorneys representing Grants Pass, which is that the decision to punish homelessness should be left to local governments, not the justices.

[libstripper]

Rottn, biased article that doesn't even summarize the questioning by he "conservative" justices but does, by omission and fawning praise for Jackson, imply that SCOTUS may well reverse the Ninth Circuit in this very important case.

[fwdude]

If she doesn’t know what a woman is, she doesn’t know ANYTHING.

[ifinnegan]

She has it the opposite.

[ComputerGuy]

...the decision to punish homelessness should be left to local governments, not the justices...

[rlmorel]

Let a bunch of “homeless” set up on the front yard of that DEI idiot scumbag, and see if she sings a different tune.

[GreyFriar]

I wonder what her reaction would be to dozens of homeless showing up to sleep in her front and back yard? But she probably lives in a gated community in order to keep them away.

[gibsonguy]

Just the kind of biased, BS writing one expects from MSN.

[Paladin2]

She’s not wrong, but the “homeless” [Modern day Bums] need to move along or get their own private space.

[The Unknown Republican]

The problem is that sleeping inevitably leads to urinating, defecating, littering and violent crime. That is even when municipalities provide portable toilets and trash bins. Homeless people generally have mental health or addiction issues and have proven incapable of cleaning up after themselves. So yeah, sleeping is a “basic function”, but it brings with it other “basic functions” that cause health and safety issues for everyone. Municipal and county governments have a compelling interest in protecting their populations from such health risks and there is no less intrusive solution than a complete ban on vagrancy. Even providing designated space for homeless camps leads to crime and serious heath risks.

[ZOOKER]

So is Katanji saying that housing is now a fundamental right? 'Cause I don't see it listed. Maybe it's some kind of penumbra?

While we're at it, Katanji, can you define a "public space"? Is it a public park? A college campus? A bank lobby?

[nesnah]

How would she know what homeless is?

Is she a homebuilder?

[Chewbarkah]

KBJ = no knowledge, no common sense, living in an alternative universe.

[packagingguy]

It seems like this should be in a state supreme court.

They’re not talking about Federal property and there’s nothing in the constitution that covers this topic.

[ProtectOurFreedom]

Freaking marxist idiot. We knew she would be like this.

It is CRUEL and UNUSUAL to be forced to live in filthy, unhealthy, and unsafe places that are overrun by bums. It is CRUEL and UNUSUAL to NOT be able to have safe, clean, sanitary towns and neighborhoods.

On balance, we should inconvenience the 2% or 3% that totally ruin the public square at the expense of the 97% who pay all the taxes supporting the deadbeats and bums. Build lots of insane asylums and put them there. Involuntary commitment if need be.

We did it 150 years ago and we can do it again.

[crz]

The fastest growing ratio of homeless are seniors or people over the age of 55. Of those, about half are working seniors.

So, what do all you oh so concerned here propose should be done with those?

2 thirds are mentally challenged or addicted in the homeless population and should be taken off the streets. BUT, 1 third are those homeless seniors.

Many are veterans.

[napscoordinator]

I’d imagine republicans sued to have homeless relocate or get arrested. So the Supreme Court has to decide if this is constitutional.

[hinckley buzzard]

There have always been homeless people, bums and vagrants, we used to call them. If they set up camp somewhere close to people’s residences and workplaces they were moved along. They were not encouraged by government services, did not receive police protection, and did not receive welfare.

If one actually sought help there were charities available to provide work in exchange for food and cheap housing. If they didn’t want to work they were left on their own to survive or perish as they chose.

Later, in the 1900s there were hoboes— The song “King of the Road” comes to mind. Men who rode the rails, did some work here and there, knew where to get a free sandwich, and where they could safely camp for a while— hobo jungles. They were tolerated, especially during the Great Depression, and they typically remained low profile and caused no harm.

[Political Junkie Too]

it is “cruel and unusual” to punish unhoused individuals for sleeping in public spaces.

It is not an 8th amendment "punishment" to pass vagrancy laws.

The 8th amendment right of the people to be protected against excessive bail, fines, and cruel and unusual punishments pertain to the results of judicial systems, not legislative actions.

Laws passed by Congress and signed by the President are not "punishments" unless they are ex post facto, bills of attainder, or criminal definitions with penalties.

-PJ

[lee martell]

She has publicly stated her bias on that topic. She should recuse herself from any upcoming cases having to do with Homeless/Squatter’s ‘rights’.

[kiryandil]

Biden’s little DEI [Didn’t Earn It] stooge...