Grant's Pass complaining that federal courts are protecting constitutional rights.

Counsel for Grant's Pass says it will be 'forced to surrender public spaces,' and claims that beds at the Rescue Mission are 'going unused' because they can't cite/arrest people.

Seems to suggest the Mission beds are worse than sleeping on the street.

Kagan points out those Rescue Mission beds amount to fewer than 100 beds for about 600 unhouse people in the city.

Kagan points out that sleeping in public is only banned IF you are unhoused. Gives the example of 'stargazers,' 'babies,' and 'beachgoers' sleeping outside. Lawyer for Grant's Pass stumbling to explain why they only arrest people without homes under this law.

Grant's Pass: 'There's nothing in the law that criminalizes homelessness.'

Kagan again points out that the ordinance is only enforced against unhoused people. She's not having it.

Kagan explaining the long history of proportionality in evaluating cruel and unusual punishment claims.

Grant's Pass says we need to look only at the punishment.

Apologies and correction: this is Justice Sotomayor, not Kagan.

Sotomayor asks: 'could you criminalize the status of homelessness' under their theory?

Grant's Pass lawyer claims 'homelessness is not a status' because sometimes people get housed, and therefore can be criminalized.

Kagan now comparing to the Robinson case, which ruled you couldn't punish someone for being addicted to drugs (as opposed to behavior).

Pointing out that Grant's Pass thinks it can criminalize the status of homelessness.

Kagan now asking about what 'camping' constitutes. Points out that someone with no other place to sleep and simply using a blanket would be banned under the statute.

'For a homeless person with nowhere to go, sleeping in public is kind of like breathing in public'

-Kagan