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WSJ Opinion: Potomac Watch

A Constitutional Right to Homeless Camps? The Supreme Court Considers

WSJ Opinion: Potomac Watch

The Wall Street Journal

News, Society & Culture

4.22.8K Ratings

🗓️ 24 April 2024

⏱️ 24 minutes

🧾️ Download transcript

Summary

Grants Pass, Ore., wants to enforce a prohibition on public camping, but a lower court said no, citing the Eighth Amendment's ban on cruel and unusual punishment. What does the Constitution say, and don‘t cities have the right to keep their streets clean and safe? Plus, the Justices also hear a challenge by Starbucks to a power of the National Labor Relations Board. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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Head to NetSweet.com.

0:19.6

From the opinion pages of the Wall Street Journal, this is Potomac Watch.

0:27.0

The Supreme Court hears oral arguments in two big cases, one on a judge-made constitutional right to homeless camping,

0:36.0

and the other that could limit the power of union complaints to strong-arm businesses

0:41.0

into settlements.

0:42.0

Welcome, I'm Kyle Peterson with the Wall Street Journal. strong-armed businesses into settlements.

0:42.5

Welcome, I'm Kyle Peterson with the Wall Street Journal.

0:45.6

We are joined today by my colleagues,

0:47.9

columnist Alicia Finley and Kim Strassal.

0:51.2

Let's start with the argument at the Supreme Court on Monday.

0:54.1

That one was City of Grants Pass, Oregon versus Johnson.

0:58.4

Grants Pass is a town of about 38,000 people that is being blocked by the federal courts from enforcing its ban on

1:06.1

homeless encampments. And here is a piece of what it says in its brief to the justices.

1:11.4

The Eighth Amendment's cruel and unusual punishment's clause

1:14.3

prohibits certain methods of punishment, those that are cruel and unusual, but the

1:18.4

Ninth Circuit has held that the clause forbids governments from imposing any

1:22.3

punishment, not fines, not short

1:24.8

jail terms, not anything, for camping on public property when such conduct flows from the

1:30.8

purported status of being involuntarily homeless.

1:34.0

And here is the reply from Gloria Johnson and John Logan

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