Does a city’s enforcement of its prohibition on camping in public spaces against involuntarily homeless people violate the Eighth Amendment’s prohibition on cruel and unusual punishment?

That is the question that the Supreme Court of the United States will consider this month when it hears the case City of Grants Pass v. Johnson. While this raises plenty of emotionally charged responses, the question is not whether the enforcement of these ordinances is morally good or bad but whether they are constitutional. Let’s review the facts of the case.

Fact One: The city of Grants Pass, Oregon, has more unhoused people than it has shelter beds. Since humans do not vanish into the aether when there’s no convenient place to put them, those who cannot be accommodated in the shelters need to sleep somewhere. Local parks and sidewalks are the usual options.

Fact Two: There are several provisions within the Municipal Code for Grants Pass that specifically prohibit sleeping or camping in public areas. Even though violations of these provisions are civil, they can escalate into criminal violations.

This case came through the Ninth Circuit, which had previously ruled that similar ordinances in Boise violated the Eighth Amendment when they resulted in criminal penalties.

Arguments are scheduled for April 22.