The U.S. Supreme Court has denied a registered citizen the opportunity to further challenge whether a registration law applied to him retroactively violates the Constitution. As a result, the Court will not hear the case and his legal challenge to that law has ended.
At issue was whether the retroactive application of a sex offender program violates the Ex Post Facto Clause of the United States Constitution where the program imposes numerous onerous obligations and restrictions upon a registrant for life, with no opportunity to terminate registration even upon a showing that the registrant does not pose a threat to public safety. Case Details
The cowards on the The U.S. Supreme Court would rather pretend they aren’t co-signing the BS by denying this man his rights. This country is corrupt from the president and his puppetmasters all the way down to the little town in nowhereville.
The only way to get rid of these laws is to make the people that wrote them, regret it.
Here is a petitioner response that is well worth reading:
http://www.scotusblog.com/wp-content/uploads/2015/12/Hall-Cert-Reply-to-States-Opposition-15-57.pdf
I assume that it would have been John Roberts, as Chief Justice, who decided that the case wasn’t ‘cert-worthy’ in which case it is no surprise, although I’m not sure what the procedure is exactly for accepting cases or if other justices are involved. We are up against a fairly grim array of Supremes here and I can’t see many rays of sunshine in SCOTUS. I know that past RSOL speaker and law professor Catherine Carpenter (if I recall her name correctly) had significant hope that Kennedy would tilt the Court to our side in a reexamination of Smith but they would first have to accept a case to do so. A cursory look at the Hall case makes it appear to have been a good case on which to build that reexamination. But not if they don’t accept it.
My interpretation: SCOTUS has just confirmed that politicians can continue making any unconstitutional laws they wish relating to Registered Citizens. Where is justice?
I suspect their reluctance to hear the case is driven by 1) their inclination to steer clear of matters that they can chock off as states’ rights to govern themselves, and 2) that by accepting this case, should they rule with true judicial conscience, they would be forced to completely unravel the federal SORNA if they ruled against a state law that was applied retroactively.
The Supreme Court is not the last word. Like my wife, the buck do not stop with man and the world systems. We have appeal this and all RC injustices to the Supreme Judge and He has accepted.
I received an email today from the attorney prosecuting this case. I asked him if he had received any indication from the US Supreme Court as to why it was denied and he said this:
“No indication. Typically, certs are denied in one-sentence orders. This one was as well.
On rare occasions, a justice may dissent from the denial of a cert, and this dissent would be reflected in the order. No such dissent here.”
This had a snowballs chance in hell of being overturned, or even considered. Don’t despair, it wasn’t realistic in the first place.
Jo is correct ex post facto is dead
I guess the moderator must be tired of me posting my motion and opinion on this matter as they did not post my previous post about this issue……. So Ill try again…..
I don’t understand why people keep beating this dead horse.. The court has repeatedly stated that there is NO ex post facto claim to be made. It has been perfectly clear and unambiguous about their stance on this subject.. I really hope that some time in the near future someone will bring forth real issues that might actually have a chance at prevailing such as the following.. I don’t have the expertise or the resources to do it other wise i would have already done it.. These issues have not been presented to the court that I know of and they need to be addressed… EX POST FACTO IS DEAD………….Stop wasting the courts time and your resources hashing out a dead horse…….
These are the issues that need to be brought forth and addressed by the court…….
Issues.
(1) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected liberty interest in my reputation which is protected under the federal due process clause in the Fifth and Fourteenth Amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” with an irrefutable presumption of future offending that is universally untrue and which provides no meaningful process to determine such facts.
(2) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violates the equal protection clause of the Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(3) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected liberty interests by infringing on my freedom of movement and my freedom of association which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(4) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected right to liberty and to be free from unreasonable, arbitrary and oppressive official actions, which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
These Supreme court justices need to go back to Law school and retake the constitutional law courses. They obviously skipped it or failed that class a couple of times.
yes we all see that it is undeniably ex post facto but the court has repeatedly stated it isn’t……..I guess if a person has the time and money to spend beating that dead issue than go for it but I wish they would focus on the multitude of other issues that haven’t been hashed out by the court……….
Sex offender registration is the stupidest thing to come out of this country since prohibition. Like prohibition had, registration has the broad support of this culture, from progressives to conservatives, from labor to business, feminists to fundamentalist Christians. Like prohibition everyone thinks it is going to save the family and the children and any extreme measure is valid as long as it saves that one child.
When registration is finally seen for what it is, a disruption of peaceful society, then it will end; when a significant portion of the population find themselves as un-citizens, homeless, unemployed, permanently injured or dead, and it will show us to be an embarrassment to the world, and a traitor to our own principles of justice. Then the fever will break that has infected the population.
Tired of hiding is correct. All the work for residency restrictions seems like a minor, futile effort. We can All say things are getting better, but I don’t think I will see it in my lifetime. And for those who say its a pity party, Be glad you have a support system like family friends, a job that doesn’t know about you.
I wake up every day wondering if this is the day I end it. Don’t tell me about hope and faith. The laws don’t support that way of thinking. People say” be strong”, easy to say!
I agree tired… Our system of gov has failed since the seperation of powers no longer exist. Our form of democracy depended upon the separation of powers and on honest supreme court justices that had integrity and were uncoruptable. Well it was doomed from the start since there is no such thing as a uncoruptable group of men. You might find one every once in awhile but you will never have a group of them.
Patience do you have a place to live??????? A income at all???I know how it is I was in a bad way when i first got out pf prison but have since been able to build a almost stable environment for myself. I really hate to see any body letting this situation take them down the path of hopelessness and despair although I completely understand how it can happen and what the results it can have. I almost jumped in the river up here in sacramento after being out of prison for a few months and barely having a roof over my head only thanks to Volunteer of America’s homeless shelter programs and the commitment of the ex correctional officer that ran the program. I was able to find a menial job after living in these homeless shelters and even a detox center even though I didnt have a drug or alcohol problem. I was able to get through parole and managed to save enough money to get into a apt. before being laid off from my job.I had no choice but to go to college and get the financial aid to pay my bills but that might all change if this presence restriction law gets passed. There are daycares on campuses so I probably wont be able to attend classes there if this law passes.IDK..any way I really hope you can find some peace in your life despite this horrific situation that we are in..If you need to talk just say so o here and ill shoot you my email………..
We all need to stick together and those that are more fortunate than others need to help support those that dont have the support ………