 So it's fine to punish conduct, he says, and this is punishing conduct, not status. But in dissent, Justice Sotomayor had a very different view. She described Gorsuch's assessment as a fantasy, since, in fact, it really is only homeless people who are being punished. Plenty of other people might fall asleep in public, stargazers, babies in strollers. And as long as they have a home to return to, they're not caught in the ordinances net.