Johnson v. Grants Pass
Is a case granted w:certiorari by the U.S. Supreme Court on 12th January 2024, challenging the precedent set by Martin v. Boise,[1] in which the ninth circuit of appeals decided that pushing people from city sidewalks and clearing encampments without offering shelter violates the Eighth Amendment to the United States Constitution's prohibition on cruel and unusual punishment. This had relied on the landmark 1962 decision in Robinson v. California that the State could not punish someone for a mere "status", in that case addiction, but rather had to prove actual crime, such as illegal possession, sale, or consumption of narcotics.[2]
The city of Grants Pass appeals a ruling in 2022 by a three-judge ninth circuit of appeals panel ruled that the city could not enforce its anti-camping ordinance that barred people from using any sort of shelter or bedding equipment on public property.[3]
Further reading
[edit | edit source]- johnsonvgrantspass.com published by the National Homelessness Law Center
- statement from homelesslaw.org, the NHLC
- statement by Gavin Newson, Governor of California
- 9th Circuit Decision, majority opinions
- Dissenting opinions
- Writ of certiorari
- Martin v. Boise, majority opinion on wikisource
Notes and References
[edit | edit source]- ↑ "The Supreme Court will decide whether local anti-homeless laws are 'cruel and unusual'". AP News. 2024-01-12. Retrieved 2024-01-23.
- ↑ [1]
- ↑ Clayton, Abené (2024-01-16). "Supreme court to decide whether US cities can enforce anti-homeless laws". The Guardian. ISSN 0261-3077. Retrieved 2024-01-24.