This Damning Trump Tape Will Be Used Against Him in Hush-Money Trial
And like Sotomayor, the other liberal justices weren’t so impressed.
The Grants Pass legal team tried to argue that homelessness is “conduct,” something someone does, rather than “status,” something that someone is. But justice Elena Kagan pushed back saying matter of factly “homelessness is a status, it’s a status of not having a home.”
“Sleeping is a biological necessity,” she added. “It’s sort of like breathing, you could say breathing is conduct too but presumably you would not think it’s okay to criminalize breathing in public.” For a homeless person who has no place to sleep, Kagan continued, sleeping in public is the same as breathing in public.