 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.