In an awaited ruling from the federal bench, U.S. District Judge Audrey G. Fleissig ruled late Friday afternoon that Missouri’s sexually violent predator law is constitutional, but not how it’s applied. Full Article
Related
http://dailyjournalonline.com/opinion/letters/uncivil-commitment/article_ffdeb223-58c5-52d9-af59-1b70600f627f.html
“Missouri’s sexually violent predator law is constitutional, but not how it’s applied” – WTF?
This law is either a good law or a bad law. There is no third option. This judge is doing everything he can to keep a bad law.
What is even more interesting is both MN and MO are in the Eighth Circuit Court of Appeals with differing opinions on this very topic. Let’s see if a showdown can happen there in St. Louis, home of the Eighth.
@Ron:
Substantive Due Process (the law itself) v. Procedural Due Process (how the law is applied). If SCOTUS accepts it, I’m guessing this is how the MN case will be ruled.
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@TS:
If the MN case has been petitioned to SCOTUS as news stories claim (http://www.startribune.com/minnesota-sex-offenders-seek-to-take-their-case-to-the-u-s-supreme-court/423234353/ even tho I find no petition on scotusblog), I’d guess the 8th may wait to see what happens. In the MN case, they ruled all is all well and good. This MO case, which seems quite similar to the MN case, in my eyes can only get worse if/when presented to the 8th Court of Appeals.