Skip to content
Search

Latest Stories

Follow Us:
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

Two groups of glass figures. One red, one blue.

Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

Getty Images, Andrii Yalanskyi

How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

Keep ReadingShow less
Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less
U.S. and Puerto Rico flags
Puerto Rico: America's oldest democratic crisis
TexPhoto/Getty Image

Puerto Rico’s New Transparency Law Attacks a Right Forged in Struggle

At a time when public debate in the United States is consumed by questions of secrecy, accountability and the selective release of government records, Puerto Rico has quietly taken a dangerous step in the opposite direction.

In December 2025, Gov. Jenniffer González signed Senate Bill 63 into law, introducing sweeping amendments to Puerto Rico’s transparency statute, known as the Transparency and Expedited Procedure for Access to Public Information Act. Framed as administrative reform, the new law (Act 156 of 2025) instead restricts access to public information and weakens one of the archipelago’s most important accountability and democratic tools.

Keep ReadingShow less