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Notes -
I hadn't even conceived of framing it this way, but this is exactly right from my perspective as well. The one that pops to my mind most recently is the Grants Pass case, but really, it's the echoes of Robinson and the later dissents in Powell where I just keep thinking, "what in the world are we talking about?". The idea is that a status can't be criminalized, but an action can. The dissenters in Power (and Grants Pass) insist that things like alcoholism and homelessness are statuses, so you can't criminalize things that are downstream of that status. What in the world are we talking about? Applying that logic consistently, absolving people of any meaningful agency, is completely unthinkable to me. Yes, even if you really, really, really want to be drunk in public, I think the police should show up and tell you that's enough for the evening. Yes, even if you don't currently have a home, I think the police should show up and escort you out of the park. More importantly when considering the case law, I cannot fathom that there is a federal right to be drunk in public or sleep in parks.
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