Oral Argument: City of Grants Pass v. Johnson | Case No. 23-175 | Date Argued: 4/22/24 | Date Decided: 6/28/24

Link to Docket: Here.

Background:

In Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), the Ninth Circuit held that the Cruel and Unusual Punishments Clause prevents cities from enforcing criminal restrictions on public camping unless the person has "access to adequate temporary shelter." Id. at 617 & n.8. In this case, the Ninth Circuit extended Martin to a classwide injunction prohibiting the City of Grants Pass from enforcing its public-camping ordinance even though civil citations. That decision cemented a conflict with the California Supreme Court and the Eleventh Circuit, which have upheld similar ordinances, and entrenched a broader split on the application of the Eighth Amendment to purportedly involuntary conduct. The Ninth Circuit nevertheless denied rehearing en banc by a 14-to-13 vote.

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

Holding: The enforcement of generally applicable laws regulating camping on public property does not constitute "cruel and unusual punishment" prohibited by the Eighth Amendment.

Result: Reversed and remanded.

Voting Breakdown: 6-3. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Theane D. Evangelis, Los Angeles, Cal.
• For United States, as Amicus Curiae: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C.
• For Respondents: Kelsi B. Corkran, Washington, D.C.