The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

The case is considered the most significant to come before the high court in decades on homelessness, which is reaching record levels in the United States.

In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking.

A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions.

But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse.