WASHINGTON, D.C. — Before the United States Supreme Court session wraps, city leaders across the country including in Colorado were hoping to get a decision to a key case that could answer the question: Do homeless camping ban s equate to cruel and unusual punishment , essentially violating the Eighth Amendment?“I think it's going to come down to how the Supreme Court applies the Eighth Amendment,” Metropolitan State University of Denver assistant professor Jeff Peshut said.
Back in April, the Supreme Court heard oral arguments in a class action lawsuit brought forth by a group of people experiencing homelessness against the city of Grants Pass, Oregon. Grants Pass bans people from using pillows and or blankets while sleeping in public places. "If you look at the oral questions they asked during oral arguments, a lot of them had to do with the individual circumstances of each particular case. And so I think what they could do here is decertify the class, and rather than ruling on the issue of…is camping in public,a status or an act? They might say, it depends on the individual circumstances of the particular case," Peshut said.
The Supreme Court's current term ends Friday and will resume in October, so a decision on camping bans likely won’t come until fall. The Follow Up What do you want Denver7 to follow up on? Is there a story, topic or issue you want us to revisit? Let us know with the contact form below.
Source: Law Daily Report (lawdailyreport.net)
MSU Denver Assistant Professor Jeff Peshut Metropolitan State University Of Denver Micah Smith SCOTUS U.S. Supreme Court United States Supreme Court Camping Ban Cruel And Unusual Punishment Eight Amendment
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