one element of Grants Pass is that it’s not just about whether you can enforce anti-camping laws against the homeless. it’s about whether you can enforce those laws **even when you haven’t provided adequate shelter beds**
First decision is Grants Pass. Gorsuch has the 6-3 opinion finding that the Eighth Amendment does not bar "generally applicable" laws banning public camping. Sotomayor writes the dissent. www.supremecourt.gov/opinions/23p...
the 9th Circuit never said that you can’t, e.g., bust up homeless encampments. They just said that before you do, you need to provide shelter beds, otherwise you’re just being punitive and cruel. An extremely basic a call for decency, but many West Coast city leaders were outraged
It reminds me of Korematsu, where the Supreme Court looked at exclusionary zones in isolation, and ignored the part where Japanese-Americans were also not allowed to leave the exclusionary zone. That allowed SCOTUS to just pretend internment wasn't happening.
