Kelly Wu '27 and Mayan Lawent '25
Staff Editors
On Tuesday, September 10, 2024, Common Law Grounds (CLG) gathered students across the ideological spectrum in Caplin Pavilion with a brand new topic of discussion: “Shelter Under the Law: Addressing Homelessness Through Law & Politics.” Students grouped into small sections, introduced themselves to each other, and shared their honest feelings and experiences with the specified topic, and interactions with politics at large, over a provided lunch.
To begin the discussion, every small group was handed information sheets explaining and examining the U.S. Supreme Court decision in Grants Pass v. Johnson, decided mere months ago in June 2024. Within the decision, the city of Grants Pass, Oregon was ultimately allowed to pass a law that prohibited camping with bedding on public property, with the U.S. Supreme Court noting it did not constitute a violation of the Eighth Amendment’s prohibition of “cruel and unusual punishment.” This decision came six years after a 9th Circuit case, Martin v. Boise (2018), in which the court found that such laws would in fact violate the Eighth Amendment’s prohibition of cruel and unusual punishment.
In the aftermath of this decision, students were asked to read responses from legislative and judicial figures across an array of ideologies from California Governor Gavin Newsom’s celebration of the decision’s ability to provide local and state officials the authority to clear unsafe encampments, to Justice Sotomayor’s criticism of the decision’s punishment based on the status of homelessness. The groups were supplied with both big-picture and specific questions to get the conversation started and asked to reflect on what the decision meant to them.
Once broken out into smaller groups of five or six, the audience was quickly spurred into open discussions on things as large in scale as “Is housing a basic human right that the government is responsible for providing?” to smaller ideas concerning reactions towards Newsom’s idea that homelessness should be addressed through local government rather than national. Within the small groups, people with backgrounds from big cities where homeless encampments are prominent to those from smaller areas where homelessness is less visible began to reflect on how their upbringings had shaped their view on the topic. This led to related discussions on thoughts about anti-homeless architecture, drug usage within homeless communities, criminalization of homelessness, human dignity’s place within the law, and the role of community and religion in society.
These conversations then spurred questions about the role of policy, with CLG facilitating the shift through a look into various policy approaches. Considering proposals such as Housing First policies, which provide permanent housing to individuals through housing vouchers and rental assistance, the students were then asked to discuss the benefits and detriments of various policies. Despite the large breadth of topics and opinions discussed, no clear policy answers were easily found. Overall, the discussions showcased the murky and ambiguous nature of homelessness and the law, with complexities at every corner. Many groups found themselves affirming these were questions with no clear answers, and policies all had their caveats. The lunch concluded with the development of a deeper understanding of differing viewpoints, and as students headed back to their classes, many were reflecting on how the state of homelessness should be addressed in a modern context.
The event showcased the ultimate goal of Common Law Grounds: to prompt difficult conversations on relevant, controversial topics. Started almost eight years ago, the organization was founded on a foundation of respect and civility for those growing up in any background. CLG hosts a series of roundtable discussions every year, with topics including abortion, gun control, and the role of religion in the judiciary. For the board members and those who attended, it was clear that the organization is not merely for centrists seeking fellow like-minded people; it aims to be the exact opposite. Before every discussion panel, attendees are asked to rate how liberal their views are on a scale of 1 to 10 for the facilitators to both form more diverse groups and see how to cater to differing opinions. If you ever find yourself wanting to step out of your comfort zone and learn more about how the rest of the Law School understands various topics, be sure to look into future discussion panels hosted by Common Law Grounds!
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