Momentum builds in major homelessness case before U.S. Supreme Court

PORTLAND, Ore. (AP) — Momentum is building in a case regarding homeless encampments that will be argued before the U.S. Supreme Court next month and could have major implications for cities as homelessness nationwide has reached record highs.

Dozens of briefs have been filed in recent days, including from the Department of Justice, members of Congress and state attorneys general. They joined the growing number of western state and local officials who have submitted briefs urging the justices to overturn a controversial lower court decision they say has prevented them from addressing homeless encampments.

In 2018, the 9th U.S. Circuit Court of Appeals — whose jurisdiction includes nine Western states — ruled it was unconstitutional to punish people who are “involuntarily homeless” for sleeping outside if there are not enough shelter beds. Its Martin v. Boise decision found that doing so would violate the cruel and unusual punishment clause of the Eighth Amendment to the U.S. Constitution.

Social justice advocates have long supported the decision based on the belief that homelessness shouldn’t be criminalized, although rights groups such as the American Civil Liberties Union have yet to file briefs in the case. Many officials in the West, on the other hand, say the decision has prevented them from managing a surge in encampments on sidewalks, in parks and other public places.

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