In a 6-3 vote, the U.S. Supreme Court ruled that it is not a violation of the Eighth Amendment in the Bill of Rights to penalize a homeless person for sleeping outside in public spaces.
Justice Sonia Sotomayor wrote in dissent, “Sleep is a biological necessity, not a crime. For some people, sleeping outside is their only option… For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional. Punishing people for their status is ‘cruel and unusual’.”
The justices ruled that it isn’t “cruel and unusual punishment” for cities to possibly fine the homeless, or to criminally prosecute them, with up to 30 days in jail if charged with multiple offenses.
Justice Neil Gorsuch wrote for the majority, “Homelessness is complex. Its causes are mean. So may be the public policy responses required to address it… A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness.”
By - FZ
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