The Lawyer as Abolitionist: Ending Homelessness and Poverty in Our Time

Abstract

Homelessness and poverty are daunting institutions that appear to be insurmountable. However, I nonetheless urge that lawyers focus on abolishing homelessness and the cause of homelessness: poverty. I use the word “abolition” deliberately, to make the connection to the battles against slavery in the nineteenth century and for civil rights in the twentieth century. As “impregnable,” ineradicable, and intractable as homelessness and poverty seem today, so impregnable, ineradicable, and intractable did slavery and segregation appear in the past.

I respect and honor any action taken by anyone to alleviate the suffering of the homeless or those living in poverty. Energy is devoted to feed, shelter, and clothe poor people, to provide health care and other essential services, to protect them from the ravages of the criminal “justice” system, and otherwise to succor them in various ways. While admirable, this is not enough. Time and energy must also be dedicated to reforming the economic, social, political, and cultural structures that allow homelessness and poverty to exist. Importantly, as lawyers we have skills that are especially useful for this work. What must be done to end homelessness and poverty is not more dramatic or radical than what was required to end slavery and de jure segregation. This Article presents some thoughts about that effort. For example, some solutions include changing laws and social policies and reinterpreting the Constitution. I urge that antihomelessness advocates keep their eyes on the prize. To produce major social change requires that individuals strive with determination to achieve their goal. In order to reach our goal, we must have a similar commitment as those who fought against slavery and segregation before us.