U.S. Supreme Court Case on Johnson v Grants Pass Resources

Johnson v. Grants Pass Overview

On January 12th, 2024, the Supreme Court of the United States announced that they would hear the case of Johnson v. Grants Pass, with oral arguments taking place April 22, 2024. This sets the stage for the most significant Supreme Court case about the rights of homeless people in decades. At its core, this case will decide whether cities are allowed to punish people for things like sleeping outside with a pillow or blanket, even when there are no safe shelter options.

According to our partners at the National Homelessness Law Center, this case, which was originally filed in 2018, "determined it is cruel and unusual punishment to arrest or ticket people for sleeping outside when they have no other safe place to go." It currently prohibits government at all levels from fining, arresting, and punishing people experiencing homelessness for sleeping outside when there is no other safe option for them.

If the SCOTUS does not rule in favor of upholding the current precedent, local and state governments will legally be able to criminalize people experiencing homelessness who are trying to meet their basic needs. Across the country, cities and states do not have enough affordable housing units to meet a growing demand - a problem that cannot be solved by criminalizing poverty and people without homes.

To be clear: Regardless of how the SCOTUS rules on this case, it will have critical impacts on our collective efforts to advance housing and racial justice. The question at hand is whether the Supreme Court will affirm protecting the rights and humanity of all people regardless of housing status or will it give permission for our government to inflict harm on our neighbors experiencing homelessness instead of providing evidence-based solutions to homelessness?

Funders Together is working closely with the National Homelessness Law Center and other partners to understand the full impacts of a SCOTUS decision on this case and how to mobilize stakeholders across the country, including philanthropy.

If you have questions or would like to be connected with our partners at the National Homelessness Law Center, please contact Lauren Bennett, Chief of External Affairs at [email protected].

How Philanthropy Can Engage

Philanthropy has an opportunity and obligation to engage in protecting the rights of our neighbors experiencing homelessness. As local and national partners are working in coalition to implement strategy around the SCOTUS Johnson v Grants Pass case, there are crucial opportunities for engagement from philanthropy as leaders in your communities, such as:

Supporting grantee partners in submitting a "friends of the court" brief (or an amicus brief) before oral arguments begin in April and consider submitting your own.
Providing the spaciousness to strategize by supporting convening opportunities for partners, people with lived experience, funder peers, and community leaders.
Considering flexible rapid response resources for housing justice narrative and messaging work that can be utilize before and after a decision.
Exploring how your institution, board, or trustees can utilize influence and connections in new and creative ways.

View the recording from our January 31 funder briefing with the National Homelessness Law Center about the case.

You can read about or listen to Amanda Andere's remarks at the Homes Not Handcuffs rally on April 22.