MN: Fate of MSOP Now Rests With the Supreme Court

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In June, 2015, the US District Court for Minnesota determined that the 700+ clients at the Minnesota Sex Offender Program were being unconstitutionally confined. In January, 2017, the US Court of Appeals for the Eighth Circuit said they’re not. What explains the conflicting opinions? A three-judge Appeals Panel said District Court Judge Donovan Frank did not apply the proper standard: to be unconstitutional, civil rights violations for SVPs must “shock the conscience.” What’s wrong with the “shocks the conscience” standard? If, until the Supreme Court intervened in 2008, executing sex offenders in the US didn’t “shock the conscience,” how can any lower court know where that bar is? Full Article

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I’m surprised they aren’t applying the standard so often used for proposed RC laws: the “makes people feel good” standard! Because, in reality, that is the standard most frequently used by lawmakers.

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