Today, the Supreme Court released decisions in several cases, including two that are particularly relevant to disability policy. One is Grants Pass v. Johnson. The Supreme Court’s decision in this case allows local laws that criminalize homelessness. The other is a case combining two cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Supreme Court’s decision in this case severely weakens federal agencies’ authority to make regulations. 

In Grants Pass v. Johnson, the Supreme Court held that enforcing camping bans on public property against people who are unhoused is not cruel and unusual punishment as long as the laws about camping apply to everyone, including people who are housed. The Court’s ruling means that people who cannot afford housing may be fined or even jailed for sleeping outdoors, even if there are not enough non-religious shelter beds for everyone who is unhoused in a particular community. It allows for an anti-camping law to be enforced even against people who have no choice but to sleep outdoors. 

This decision will disproportionately harm people experiencing homelessness, especially unhoused disabled people. People with disabilities are more likely to be unhoused or deal with housing insecurity than people without disabilities. In 2023, the Department of Housing and Urban Development (HUD) estimated nearly one-third of individuals experiencing homelessness are experiencing chronic homelessness and have a disability.

Many factors contribute to increased homelessness among people with disabilities. Disabled people are more likely to live in poverty, and less likely to be caught up on rent than the general population. Disabled people are much less likely than non-disabled people to have a job and face pay gaps at work. Being disabled is expensive, and housing that meets our accessibility needs may be priced higher. Disabled people also face discrimination when looking for housing. Homelessness is not a moral failing. Homelessness is directly tied to the cost of housing and rent-to-income ratio, and disproportionately affects disabled people. 

We cannot allow people experiencing homelessness to be criminalized for their lack of resources and community supports. Our country must prioritize community-based resources — and recognize people experiencing homelessness as part of our communities. ASAN calls  on Congress and state legislatures to better protect unhoused people through greater funding for homelessness and housing services and legislation to protect homeless people from criminalization for camping in public. Criminalization and institutionalization of people experiencing homelessness cannot be the answer — we must end the housing crisis and ensure that all people have access to safe and adequate places to live. 

Read ASAN’s full statement on the Grants Pass v. Johnson decision here.

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce overturns a decades-old legal principle known as the Chevron Doctrine, which gives federal agencies the authority to reasonably interpret ambiguous laws when they make federal regulations. These regulations are made legally binding through a rulemaking process that is shaped by the public servants within federal agencies, the input of subject area experts across fields, and anyone who chooses to share their opinion. Instead of federal agencies, federal courts will now have the final say in circumstances where knowledge of highly specialized and technical issues is required. This ruling will weaken the regulatory authority of all federal agencies. 

ASAN has often commented on proposed federal rules and shared action alerts to encourage our grassroots to do the same. This is because many federal rules have huge importance for disabled people, from the HCBS Settings Rule, to the 504 regulations prohibiting ableist discrimination in medical care, to the FDA’s proposed ban on electric shock devices used at the Judge Rotenberg Center, and many more. In April, we shared a blog post explaining more than 20 current and upcoming proposed rules affecting people with disabilities. Due to the Supreme Court’s decision today, the federal government’s authority to make all these rules is at risk. Agencies may be less ambitious in fulfilling their mandates, protecting the public, and using taxpayers’ resources well in the face of increased risk that courts will undo their work. 

This decision invites challenges to the forty years of legal precedents relying on Chevron. While these cases and the existing Code of Federal Regulations are not automatically overturned by Loper, many will be challenged in the months and years to come. This decision is also undemocratic. The federal rulemaking process includes opportunities for the public to weigh in on proposed rules, but there is no such process for decisions made in federal courts.

ASAN echoes the demands of the American Federation of Teachers (AFT): “Congress should urgently enact Chevron deference into law by passing the Stop Corporate Capture Act (H.R. 1507), a comprehensive blueprint for modernizing, improving and strengthening the regulatory system.That would ensure public input into regulatory decisions, promote scientific integrity and restore our government’s ability to help the workers and consumers it is meant to serve.” We will continue to fight to safeguard federal agencies’ ability to protect the people they serve.

Read ASAN’s full statement on the Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce decision here.

While today’s Supreme Court decisions are discouraging, it’s important to remember that we have the power to make change. The disability community has demanded and won significant policy shifts before. Through voting, community organizing, and policy advocacy, we can again. In this increasingly alarming judicial climate, ASAN will continue to work alongside our communities, towards policy solutions for the most urgent problems that people with disabilities face.

The Autistic Self Advocacy Network (ASAN) is a national grassroots disability rights organization run by and for autistic people. We believe that the goal of autism advocacy should be a world in which autistic people enjoy equal access, rights, and opportunities. ASAN works to make sure autistic people are included in policy-making, so that laws and policies meet our community’s needs. Our members and supporters include autistic adults and youth, cross-disability advocates, and non-autistic family members, professionals, educators, and friends.

Autistic Self Advocacy Network

PO Box 66122
Washington, DC 20035

 

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