“Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?” asked Justice Sonia Sotomayor of unhoused people who have been barred from sleeping outside in Grants Pass, Oregon.

By Julia Conley. Published 4-21-2024 by Common Dreams

As housing rights advocates and people who have been unhoused themselves rallied outside the U.S. Supreme Court Monday to demand an end to the criminalization of homelessness, the court’s three liberal justices demanded to know how the city of Grants Pass, Oregon can penalize residents who take part in an act necessary for human survival—sleeping—just because they are forced to do so outside.

After an attorney representing Grants Pass, Thomas Evangelis, described sleeping in public as a form of “conduct,” Justice Elena Kagan disputed the claim and reminded Evangelis that he was presenting a legal argument in favor of policing “a biological necessity.”