A U.S. Supreme Court justice has rejected Michigan’s request to halt a lower court decision that found the state unconstitutionally put additional restrictions on sex offenders long after their convictions.
Justice Elena Kagan denied Tuesday the emergency appeal for a stay.
In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006 and 2011, which included retroactively restricting sex offenders’ movements near schools, penalize offenders as “moral lepers.”
The appeals court denied Michigan Attorney General Bill Schuette’s request to block the decision during appeal. So did Kagan. Full Article
Emergency Petition – State of Michigan
Related
Michigan’s request to halt sex offender ruling is denied
Michigan asks Supreme Court to halt sex offender ruling
MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED] ACSOL – with other media links
This is excellent. Wouldn’t this line apply to IML:
“restricting sex offenders’ movements near schools, penalize offenders as “moral lepers.””
Substitute near schools with “around the world”. Afterall, the passage of IML is LONG after most of our convictions.
it’s time janice and team….take the current registration scheme down and at the very least force the legislature to repeal and replace it with a very narrowly applied scheme that only applies to the worst of the worst that the government can prove with clear and convincing evidence have proclivities to reoffend and you will become immortalized in the history books as one of the great civil rights litigators and leaders of our generation if not of all time….you have a chance to correct the course of this great nation and put it back on the path of righteous constitutional Republic that our founding fathers meant it to be…..I know you and your team can do it and I have faith and hope that you will do the right thing for us and this country….
OMG! Such a quick decision from Kagan. Sounds to me like that means there is now no sex offender registry in Michigan. I’m attending a talk on Friday in Chicago by Miriam Aukerman, the Michigan ACLU attorney in the case, presented by Illinois Voices For Reform, and I’ll try to ask her what effect this has on registered sex offenders who now live in Michigan — and those who move there (which sounds like it might be a good idea). Isn’t this also now the law in all the other states where the 6th Circuit Court of Appeals has jurisdiction (Kentucky, Ohio, Tennessee)? Janice, could you file the appeal to this Court of does it have to be in the same circuit as the first trial? Or, maybe start a new trial in Michigan. You could get Aukerman to help, coming off her big victory.
if you or someone doesn’t act soon it is going to be to late to put this cancer in remission before it infects the entire world and becomes incurable….it maybe to late already but we have to try….
Hmm, awesome. But I’m very leary about a full u.s. supreme court decision. This will make a huge difference in terms of my thoughts about this country. If it stands I will try and make a difference now, if it doesn’t and it demoralizes me further, whatever action I take will be on their conscience. And I would think this ruling will apply to all states considering the quick decision of justice kagan. It’s makes me wonder how this will affect other federal laws like those related to public housing, which applies residence restrictions, and also the IML. I’m wondering if the us supreme court granted the state of Michigan certiorari in this case, I guess they did?
Im so used to hating now, I hope I can change.
Looks like we need more ladies deciding justice issues.
It didn’t take Justice Elena Kagan long to sort out right from wrong and I’ll bet she can tell the difference between being eternally registered from joining Price Club.
Praise God!!!!
I just received this e-mail from Women against the registry (WAR) what does tis mean exactly,
From: Women Against Registry
Date: 11/15/2016 3:12:56 PM
To: Bobby ***
Subject: USSC Justice denies Michigan’s request to halt Doe. v Snyder ruling
What We Have Waited For!
Justice denies Michigan’s appeal to halt sex offender ruling
Associated Press via WZZM News | Nov. 15, 2016
LANSING, MICH. – A U.S. Supreme Court justice has rejected Michigan’s request to halt a lower court decision that found the state unconstitutionally put additional restrictions on sex offenders long after their convictions.
Justice Elena Kagan denied Tuesday the emergency appeal for a stay.
In August, the 6th U.S. Circuit Court of Appeals said changes to Michigan law in 2006 and 2011, which included retroactively restricting sex offenders’ movements near schools, penalize offenders as “moral lepers.”
The appeals court denied Michigan Attorney General Bill Schuette’s request to block the decision during appeal. So did Kagan.
Schuette’s office couldn’t immediately be reached to comment.
Michigan has the country’s fourth-largest sex offender list, with more than 42,000 registrants.
Michigan prohibits all registrants from living, working or loitering within 1,000 feet of school property.
http://www.wzzm13.com/news/local/michigan/justice-denies-michigans-appeal-to-halt-sex-offender-ruling/352369233
I was convicted in 1992,before Michigan even had a registry, and placed on it in 1995 while on parole,so does this mean i should be removed from the registry,or will i have to be placed back to 25 years instead of life? does anyone have any idea.? Thanks in advance.
Wow! This is huge!
If the additional restrictions count as punishment by this ruling, then it’s not a far leap to say anything added AFTER the 2003 SCOTUS decision is also additional punishment!
= )
Go Michigan!
Hmm, I guess this is a trade-off for the residency restrictions, since I see nothing that removes them? I initially felt this was a win, but now I think it may just be fools gold. These people are clever and evil. They pass a law that has only slavery as it’s basis, and now say the restrictions violate the ex post facto clause? So if the residency restrictions and personal reporting are removed it would be okay?
New York has the same shit as Michigan, a tiered registry, but no state residency restrictions, but there are federal residency restrictions that the state allows to apply, like in public housing? I wonder how the 2d circuit would rule? Hell, I already know, they would say it’s non punitive and legal, they’ve already taken away the entire 4th amendment to RC’s. Like I said, I filed the same lawsuit and the judge dismissed it with prejudice just aliitle over a year ago.
I just can’t allow myself to believe anymore, you have corrupt justices Kennedy, Ginsburg, and Thomas, and alito sitting there waiting to overturn the stay in a ruling. In the meantime, I doubt Michigan will move with any speed to stop what they’re doing, they will claim it takes time. By the time it gets a full review and overturned in my opinion, it will be relatively easy for them to reinstate the laws. Look at Missouri, they just ignore scrotus decisions. Yea, I now think it’s premature to get too happy feel good. I don’t think it will stand for long. Especially after reading the Michigan petition which clearly shows that Kennedy will support them again.
So don’t be surprised this is just a temporary deal, cause it’s probably already in line to be overruled. Like the scrotus says, they decide what the constitution means, not the law!
I get it now, after looking up Supreme Court Justice Elena Kagans history this isn’t a surprise at all. As a Jewish person she knows all too well the history of registries and the pain they inflict, the Scarlett ink on the arm of the Nazis has come full circle. I’ve wondered all along what the Jewish people feel about registries? Do they see the relationship between what the Nazis did to them and what the American Nazis are doing to us and our families, or do they just say well it’s nice to see it happening to someone else? Considering the speed in which she denied the stay, I think her family has has some experience with being made to feel different, not only as a individual, but as a class of persons. I’ve come to realize just how people can be influenced by what has happened to them and their families in life, and how it can affect laws.
Like Kennedy, a classic sadist who likes to toy with people’s lives as his flip flopping with the death penalty and solitary confinement demonstrates. Thomas who went along with the registry to try and control his sex offender image, Ginsburg a classic case of women’s feelings of inadequacy and weakness, and revenge. Heck, the entire Smith v doe case is pure emotionalism, where the law was simply ignored or interpreted to fit their desires. Yea, psychological assessments can easily be made based upon ideology. I could be wrong, but I don’t think so
I think the Supreme Court just didn’t want to deal with it at the Moment. I won’t get my hopes up, and like someone said, you’ll still be on a public registry and subject to the bull crap Rules.
Ok, I just spoke with Ms Aukerman, and this is what she said, We have to wait to see what the Supreme Court will decide on the merits,It will take many more months unfortunately.
i also found this article,but it sounds like she is saying to different things,does any one else see it.
http://www.washingtontimes.com/news/2016/nov/15/justice-denies-michigans-appeal-to-halt-sex-offend/#disqus_thread
I just happened to be looking up the CT case about posting RSO’s online.
“Chief Justice William H. Rehnquist wrote for the court today. He said Connecticut’s Web site explicitly disclaimed any effort to predict future dangerousness, containing the notice that individuals ”are included solely by virtue of their conviction record” and that the Department of Public Safety ”has made no determination that any individual included in the registry is currently dangerous.”
This is why 6th circuit ruled in the Michigan case that you can’t go back and give tiers without due process, individualized assessments. This should be a reason why California will have a very difficult time passing a tiered registry. They will be telling the public who is dangerous and who is not well after the fact for most.
OK, so after looking at the current supreme court, there is Ginsburg, Breyer, who can probably be counted on to vote against this nonsense again. Kennedy, Thomas, and alito against us again. That 2-3 against so far. That leaves Kagan, Sotomayor, Roberts, to determine the outcome? What do you guys think , do we have a chance. I think Kagan might rule in our favor, but Sotomayor and Roberts?. I’ve read some of the ideas Roberts claims to accept, but I wonder? Sotomayor was a member of the 2d circuit until 2009 so you can count her against us, they haven’t made a single decent decision regarding registries in NYS ever. Like I said, they stripped away all of the 4th amendments protections from us. So my final tally is Ginsburg, Kagan, Breyer for us, Kennedy, Thomas, Sotomayor and Alito against.
Best case scenario, Roberts votes for us and there is a tie, which I think means the 6th circuits decision would stand. But does nothing for the rest of the country.
Worst case scenario, Roberts votes against us and this whole dream is shattered, good luck to us, cause I think it’s going to be overruled based on the votes. And by the time the case gets heard there will be a Trump justice in place. Wow, looks bad guys.
Correct me if I am wrong, but this sound like the states are using an excuse that this costs too much money.
“without being forced to make costly, time-consuming, and complex changes to its sex-offender registry and enforcement protocols that may prove unnecessary should this Court decide to grant review.”
I am thinking It cost Michigan about $600,000 a year cost to operate the database. Just shut down the whole thing and you would be saving over $600,000 and this could be used toward sex offender education. (sources http://www.mlive.com/politics/index.ssf/2013/03/michigans_sex_offenders_could.html)
Oooooooooooh My.
Talk about a HomeRun…this is one here.!
W O W.
Thank you SCOTUS …
Thank you US 6th District Court for defending our Constitution.
Tremendous decision… Tremendous.!
I have read that when a Supreme Court Justice denies a request to stay a lower court decision pending appeal it is usually an indication that the Justice does not believe the underlying appeal of the case will be reviewed by the entire court. Does any legal expert know the history of this? This is good news/bad news, I guess. Would we prefer to have the constitutionality of the registry debated and decided once and for all by the Supreme Court, or have this rather narrow ruling in the Sixth Circuit left standing for the limited good it will do?
In the manner of exuberant expression that erupts from this monumental ruling:
Whewwwwwwwwwwwwwwwww…!!!
Hahaha, poor supreme court caught in their own bull? There’s is no way this is going to the scrotums. The entire illegal and disgusting case of Smith v doe that enabled us to lose our citizenship, enslave us, and discriminate against us claimed we were not subject to restraint’s of our liberty because they used one case where the guy was only on a mail registry. Now they’re stuck because of it.
Now I’m going to file a suit in NYS using this case and only this case, to prevent them from bogging it down. I guarantee it will be denied at every level and the courts will hold it for a couple years. Then without someone like the aclu on my side it will be denied by the scrotums. I was gonna try small claims but i figured they might just create compliance officers just to get even. Then again, I might still do small claims, I can then go federal quicker.
Any advice Janice? Wow some help would be appreciated.
There are a lot of comments here. Too bad that they are not copied to the source article where people might actually see them. If I didn’t know any better and I read that source article, I would gather that due to the lack of comments that no one really cares about it, no one cares what we do to the pariah “s*x offenders”. If I changed the article to be about Trump and Clinton, there would be 1,000 comments. But harassing “s*x offenders”? No one cares.
Hello Everyone,
I just spoke to Ms Aukerman today,and asked her what this ruling means by Justice Kagan,and if Michigan has to cease and deceased the registry,or start making the necessary changes till the final ruling comes in.
and asked if i still had to register in December,and this is what she told me.
The decision technically applies only to the six people in the case. We are waiting to see what MI will do. The decision does not mean that people will come off sooner than 25 years. You should register in December.
now correct me if i am wrong but the way i read the article/decision,it applies to everyone, not just the original six. anyone have any thoughts on this ,and what Ms Aukerman said.
There are 60 comments here about this. Yet there are only 3 at the actual source article. I think to the general public it looks as if few people care much about this. I think it looks to the general public as if the millions of people who are harassed by the Registries are too weak or lazy to fight back. It looks as if only about .0001 of the millions will fight back. I’m just saying what I think the general public thinks.
There isn’t much reason to stop harassing hated people if those people won’t fight back and make it extremely painful for you to harass them. I mean, what do the harassers have to lose? They can be terrorists all the time.
But I’m vowing that I will make it painful for them today and EVERY day after. People who support the Registries are not my fellow U.S. citizens and I do not have to have any concern for them whatsoever. They are just like ISIS to me.
Every day that their Registries exist I will ensure that they do nothing useful and I will ensure that they cause as much harm as I can. I will do it all legally as well. America is divided and it is going to stay that way.
i love how the State was turned back from obtaining their emergency relief! Given the significant changes to Michigan, It’s a good sign they lost on review–it’s a barometer as to opinion on the court, I feel. It helps that the lower court’s opinion was flawlessly written!
With this matter going to the Supreme court, IML back in play, and tiered system in California coming up–I feel the head-winds of change.
Thank you, God!
Hello Everyone,
I was just wondering if anyone has heard anything, in regard’s to Justice Kagan’s ruling on Michigan’s registry and the fact,that she denied A.G. Schuette’s emergency petition. Thought since the petition was denied,that the ruling and the changes are suppose to start taking effect already,even though the final ruling has not been made yet. I keep checking for new info,and even checked the registry,and my registry profile has not been changed yet. does any one one or heard anything new on this topic. any info or where i can find said info would be appreciated. Thank you. Happy Turkey Day Everyone!!!.