Can California Cities Clear Homeless Camps? Depends on Supreme Court Ruling

Justices heard arguments that laws against camping violate the Constitution’s ban on ‘cruel and unusual’ punishment. Cities hope for clarity.

Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Olivier Douliery/AFP via Getty Images

Supreme Court Justices on April 22 heard oral arguments in a case expected to have a profound impact on how local governments address homeless encampments—particularly in California and the West, where the crisis has for years been in a state of escalating emergency.

According to the Department of Housing and Urban Development, California’s homeless population swelled to 181,399 in 2023, 68 percent of whom are unsheltered.