Skip to content
Search

Latest Stories

Top Stories

High court upholds law criminalizing homelessness, making things worse

People protesting laws against homelessness

People protest outside the Supreme Court as the justices prepared to hear Grants Pass v. Johnson on April 22.

Matt McClain/The Washington Post via Getty Images

Herring is an assistant professor of sociology at UCLA, co-author of an amicus brief in Johnson v. Grants Pass and a member of the Scholars Strategy Network.

In late June, the Supreme Court decided in the case of Johnson v. Grants Pass that the government can criminalize homelessness. In the court’s 6-3 decision, split along ideological lines, the conservative justices ruled that bans on sleeping in public when there are no shelter beds available do not violate the Constitution’s prohibition on cruel and unusual punishment.

This ruling will only make homelessness worse. It may also propel U.S. localities into a “race to the bottom” in passing increasingly punitive policies aimed at locking up or banishing the unhoused.


Like many West Coast localities, the town of Grants Pass, Ore., suffers from an acute affordable housing crisis and no homeless shelters for adults. In 2013, the city council hosted a meeting to “identify solutions to the current vagrancy problem.” Rather than expanding shelter or housing, the council passed ordinances that made it illegal to sleep outside with blankets, pillows or even cardboard. Every violation triggers a $275 fine, and after two citations a person may be issued an exclusion order across all public property.

This amounts to banishment from Grants Pass or incarceration for simply being homeless. As the city council president at the time said, “The point is to make it uncomfortable enough for them in our city so they will want to move on down the road.”

While the Grants Pass scheme may be uniquely cruel, local governments enforce ordinances against standing, sitting, resting and sleeping in public space across the United States. Now that the minimal guardrails of legal protections for the homeless have been removed by the Supreme Court, it is more important than ever for local lawmakers not to fall prey to populist outrage to ramp up punitive crackdowns. They should instead heed the decades of social science research that shows them to be both counterproductive and cruel.

Synthesizing over 50 published research papers on the impacts of these laws from small towns to large cities, a group of social scientists including myself filed a brief for the Supreme Court in the case. The research consistently arrived at a broad consensus. The enforcement of anti-homeless laws not only fails to reduce homelessness in public space beyond a few blocks, it also traps people in homelessness longer and exacerbates health conditions, all while creating numerous barriers to shelter, treatment, jobs and housing.

Enforcement of anti-homeless laws has been shown to have various negative health impacts. For instance, a 2021 California study of 3,200 adults experiencing homelessness in eight counties found that 36 percent had their belongings taken and/or destroyed by local agencies while enforcing anti-homeless ordinances in just six months. Participants in this study and in other large surveys taken in Denver and Honolulu reported having lost life-saving medicine needed to treat HIV and Hepatitis C, ID and benefit cards, walkers, canes, crutches, and wheelchairs. Meanwhile, CDC scientists acknowledge that clearing encampments through enforcement increases the spread of infectious disease, increasing public health risks.

A study surveying doctors and medical providers identified widespread frustration with enforcement. The houseless regularly avoid appointments or even hospitalization from fear that their property will be destroyed. Many lose benefits and prescriptions due to short incarcerations. All of this leads to negative health impacts, increased emergency room utilization and exorbitant health care costs on already strained systems.

Many people experience incarceration for their first time due to their homelessness, but the consequences have lasting effects. Incarceration often means a loss of employment due to absence and increased difficulty securing new employment stemming from their newly acquired criminal record. The mark of a criminal record also leads to exclusions in the housing market due to landlord discrimination.

Tickets are often viewed as a civil infraction, but they can have the same punitive impacts. Unpaid citations in most U.S. localities result in arrest warrants, spoiled credit, suspensions of driver’s licenses, and erect multiple barriers to exiting homelessness. In San Francisco, a study found that 90 percent of the 10,000 to 15,000 citations given to homeless people each year for sitting, camping or loitering go unpaid — no surprise considering the poverty of those cited.

Not only are those with warrants often barred from work and housing, they are also restricted from residential drug and mental health treatment programs, as well as homeless shelters in many states. Rather than working as sticks to push people towards better life choices and opportunity, studies consistently find that enforcement more often pulls people deeper into poverty and extends their homelessness.

Despite the overwhelming evidence that these laws are ineffective, costly and harmful, they are politically popular. For politicians in power, enforcement reduces public outrage.

Such laws have been consistently found to do nothing to curb wider collective urban disorder or reduce homelessness in public space. But enforcement scratches the itch of individual angry residents and business owners dialing 911 to have their block spot-cleaned of homelessness. Meanwhile, political challengers often campaign on even harsher ordinances, blaming the persistence of homelessness on the incumbent’s tolerance. Both positions distract from the real issue of the growing affordable housing crisis at the problem’s root, which politicians are weary to address.

Even if the Supreme Court had ruled in favor of the homeless plaintiffs, the truth is little would have changed without further political and legal pressure for reforms. And though Friday’s ruling is a huge step backwards, it won’t stop the ongoing legal cases to protect unhoused people’s rights on Fourth, Fifth, and 14th amendment grounds of rights to property, due process and equal access to shelter.

Nonetheless, the court’s decision now frees localities of even the lowest level of accountability in its criminal treatment of homelessness. It will also fuel political competition between cities, counties and even states to pass increasingly punitive policies as they try to push their unhoused residents “down the road.”


Read More

An empty grocery cart in a market.

NYC Mayor Zohran Mamdani proposes five city-run grocery stores. See the arguments for and against, from food deserts to bodega concerns and the $70M cost.

Getty Images, Kwangmoozaa

Government-Owned Grocery Stores: Accessible Nutrition or Government Overreach?

Issue Introduction

Over the past few years, affordability has become the most central issue affecting Americans and the quality of life in the United States. The prices of groceries and basic necessities have risen 25-30% since the COVID-19 pandemic and are projected to rise another 3.2% in 2026. At the same time, the exodus of grocery chains from rural and low-income areas has scattered food deserts throughout individual states. Recent mass closures include Grocery Outlet’s shuttering of 36 stores and continued shut-downs of many Albertsons locations. These factors have led politicians to make affordability a major campaign issue.

During his progressive campaign for mayor of New York City, Zohran Mamdani raised the idea of opening grocery stores owned and operated by the city government to provide New Yorkers with affordable groceries. In his April 2026 public address that marked his first 100 days in office, Mayor Mamdani announced plans for the first of five city-run grocery stores. Mamdani’s proposed initiative will use $70 million in capital funding to build five city-owned municipal stores–one in each borough–and place them under control of the New York City Economic Development Corporation (NYCEDC). NYCEDC will then select third-party operating staff in accordance with city standards for affordability and proper labor practices. Public opinion following the announcement continues to be divided between uproar and support.

Keep ReadingShow less
​U.S. Defense Secretary Pete Hegseth

U.S. Defense Secretary Pete Hegseth testifies during a Senate Committee on Appropriations hearing on Capitol Hill in Washington, D.C., on July 21, 2026. Hegseth is crafting a strong and masculine identity for his audience as he reportedly contemplates a presidential run.

(Alex Wroblewski/AFP/Getty Images/TNS)

Politicians Can’t Just ’Give the People What They Want’

For reasons that will baffle my many detractors, I am often asked for advice about being an opinion journalist. One of my standard responses is: You have to be willing to disappoint your biggest fans.

What I mean is that if you start to see your job as telling fans what they want to hear, you risk becoming an entertainer rather than a thinker, and eventually you become a caricature. I’ve seen it happen numerous times. Patrick Buchanan was a brilliant columnist and a serious person. But over the course of his career, he listened too much to the people who said, “Go Pat, go!” and too little to friends who said, “I think that’s taking it too far.”

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

Congress approval is at a record-low 10%. Moderation and consensus-building, not partisan theatrics, are how Washington gets problems solved.

Richard Sharrocks / Getty Images

Reclaiming the Politics of the Possible

Washington is stuck in a cycle of performative conflict. The incentives seem to reward outrage, not outcomes that last; purity tests, not problem‑solving. So it’s no surprise that after three shutdowns in less than a year, public approval of Congress collapsed to just 10 percent this spring. (Gallup, April 2026.) But the country we live in — where many middle-income families report persistent financial strain and businesses are navigating unprecedented technological upheaval — cannot be governed by theatrics. Breaking this cycle requires moderation, consensus‑building, and a cooperative approach to governance.

This is not a call for centrism as an ideology. Instead, this is a call for transformative leaders to embrace moderation as their governing strategy, recognizing that in a pluralistic country of nearly 350 million people durable solutions require broad and stable alliances. Ultimately, this is a call for the 240 million of us who are eligible to vote in November to elect consensus-builders instead of bomb-throwers, and healers instead of arsonists.

Keep ReadingShow less
Adult man holds a microphone while asking a question during a town hall meeting.

Congress ignored 90% of public support for background checks. Learn how citizen assemblies and sortition helped Ireland break gridlock and could work in the US.

SDI Productions/Getty Images

Consensus Without Power: How Sortition Could Break America's Legislative Gridlock

In April 2013, four months after the Sandy Hook Elementary shooting killed twenty children, the US Senate voted on the Manchin-Toomey Act to expand background checks and to include gun-show and internet sales of firearms. Roughly nine in ten Americans, including a majority of gun owners, supported the bill—a figure that has held steady across more than a decade of polling. It fell short of the 60-vote threshold by six votes. This was not an outlier. On complex issues, representatives often fail to translate public consensus into reality. Research shows that legislators consistently vote in line with donor and interest group preferences over constituent opinion. Before the vote, the National Rifle Association (NRA) warned every senator it would “rate” their vote on its annual rating system, and a low NRA rating could cost senators their next primary. Consequently, the bill died 54-46, and the majority of Americans watched, powerless, as their consensus was overridden by self-interested representatives.

Liberal democracies need a method to bypass electoral incentives that run counter to public opinion. One already exists: Ireland faced the same stalemate on complex issues before it instituted a process called sortition. The beauty of sortition lies in its removal of the primary pressure that misaligns representatives’ interests from public interest: reelection. Much like jury duty, citizens are randomly drawn from the population. An independent body then stratifies the pool, so the final group mirrors the country by age, gender, geography, and income. The group meets over weeks or months, hearing from experts and the public, as well as debating frequently. At the end, it issues a recommendation that parliament may then put to a referendum or pass into law.

Keep ReadingShow less