The US Supreme Court ruled Friday in a 6-3 decision to allow cities to enforce bans on homeless encampments even when shelter space is unavailable.

In City of Grants Pass, Oregon v. Johnson, the plaintiffs filed a class action on behalf of the homeless population living in Grants Pass, alleging that the city’s ordinances against public camping violated the Eighth Amendment. An injunction was originally entered, prohibiting the city from enforcing its laws against homeless individuals. The US Supreme Court overruled this injunction holding that enforcement of the city’s laws did not constitute “cruel and unusual” punishment prohibited by the Eight Amendment. The majority reached this decision stating that the punishments for violation of the ordinances were a small fine or a short jail sentence for repeat offenders, which they did not deem to be “cruel and unusual.”

In the majority opinion, Justice Neil Gorsuch said it was not in the authority of federal judges to determine policies on homelessness:

Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. The question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. 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. The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy.

Justice Sonia Sotomayor penned a dissent, which Justice Elena Kagan and Jackson joined. Justice Sotomayor stated that it in fact was “cruel and unusual” punishment to punish the homeless population for lacking a place to go.

The National Homelessness Law Center took to X to address the matter saying that the “Supreme Court ruling will make homelessness worse.” Homeless advocates have already begun to take action, rallying at the Supreme Court and signing 42 amicus briefs submitted to support homeless rights. 

Governor Newsom of California addressed the positives of the ruling in a press release, but stated he is still committed to respecting the homeless population:

Today’s ruling by the US Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities. California remains committed to respecting the dignity and fundamental human needs of all people and the state will continue to work with compassion to provide individuals experiencing homelessness with the resources they need to better their lives.

This ruling comes as homelessness continues to rise. According to the US Census, from 2018 to 2022, nearly 327,000 people across the United States experienced homelessness, which is about .1 percent of the population. Although still a small portion of the population, it is an increase from the .08 percent experiencing homelessness from 2013 to 2017.