City of Grants Pass v. Johnson was decided on June 28, along with several other more high-profile cases, including Fischer and Loper Bright. Had this case been decided earlier in the term, I think it would have gotten more attention. This case put on display two diametrically opposite modes of judging: How narrowly to read precedent? Should non-originalist precedent be extended? How should policy considerations factor into constitutional law? What role should amicus briefs play? Should courts review legislative records to determine improper motivation or "animus"? And so on. I'll address these issues in another post.
Here, I'd like to write about the legal issue in the abstract. Specifically, should the government be able to prohibit homelessness? The title of this post is a play on the classic law school hypothetical: No Vehicles In the Park? Generations of law students have been asked to interpret a sign with this message. Does it prohibit cars? Bicycles? Baby carriages? Baby-carriers? Wheel chairs? Crutches? Horses? Wheel-barrows? Hovercrafts? Piggyback rides? Potato sack race? And so on. It is a fun classroom exercise, which is quite relevant to Grants Pass.
Grants Pass divides about how to understand the local law. The majority, per Justice Gorsuch, reads the law to prohibit "camping" in public places, including parks. The dissent, per Justice Sotomayor, reads the law to prohibit the mere existence of being homeless, such as by sleeping with a blanket in public places.
