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MI: Courts deemed Michigan’s sex offender registry unconstitutional. Two years later, nothing’s changed

[michiganradio.org – 7/14/18]

The American Civil Liberties Union is challenging the state of Michigan over its handling of the state’s sex offender registry.

In 2016, the 6th Circuit Court ruled that aspects of Michigan’s Sex Offender Registry Act, SORA, were unconstitutional.

The court’s opinion specifically noted portions of the act which allowed the state to retroactively impose punishments on individuals without due process.

The state of Michigan appealed the circuit court’s ruling, sending Does vs Snyder to the U.S. Supreme Court. In October 2017, the Supreme Court decided not to take up the case, upholding the 6th Circuit Court’s unanimous decision.

It has now been nearly two years since the original ruling and the Legislature has failed to make any reforms to the law.

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So if the legislature allows registration schemes to grow — which is usually the case — the government will comply ASAP. But if registration is somehow curtailed, even minimally (as many would not fall into the ex post facto class), then government conveniently ignores even *federal appellate* decisions. WTF!

Well, Mrs Aukerman and the rest of the Michigan ACLU, did finally finally file that Class Action Lawsuit, on June 28th around 3:45pm, in the Eastern District Court, which is the same Court a while back that ruled that parts of the Michigan registry was unconstitutional and certain parts were Constitutional, such as the making it retroactive. So I don’t know how this bodes in our favor, except for the fact we have already won Does v Snyder. The ACLU also said we should hear arguments in August and a decision in the fall. So if the court says the… Read more »

Why can’t the legislature be sued? Can criminal charges be brought upon them for refusal to follow the ruling?

This is such UTTER Bullshit, I can’t believe people in that state have let this go on for years. MAKE YOUR VOICES BE HEARD. It’s like people ENJOY living within the oppression of their state. The politicians want to abuse you and your family and you’re not going to do anything about it? CALL THEM until the self-interested morons have to change their phone lines.

Ill keep yoi informed I found a old United States Supreme Court ruling that anyone who was not registered before there was a registry or anybody who registered was not notified at the registry would change is not obligated to any new registration that decision came down in 2001. As soon as I find a case law I will post it here I’m filing a temporary restraining order order to show cause in California using that case for every law that is written they’re going to always be a loophole we must dig deep to find them and use them… Read more »

Just like mass incarceration, the line graph for more registration laws keeps going up despite some successes, oscillations in the graph. This idea that separation of powers is going to save us is a dead end, just like the idea that the Constitution is some sentient power that is some day going to right all this is disproven at every step of the way. Do I have less restrictions placed on my since 2005, when my probation ended? the answer is no? All branches of government are now aligned to provide one product to the people of the US, a… Read more »

“Change is a coming.”
———–

I hope so, but do you have any idea what that change will look like? How it will come to pass? Will it be good? Bad?

And when?

I don’t know how soon, but that’s where things look like they are going.. Government institutions are collapsing or run into the ground by incompetence or by design for political gain. Witness the recent immigration manufactured crisis, They can’t even track 3000 immigrant children, how are they going to keep track of nearly a million registrants and growing? Our military has been failing to have a positive impact in the world, despite us spending more than the next seven countries combined, and despite the heroism of our troops, we haven’t won a war in 65 years. It’s all about war… Read more »

There is nothing wrong with optimism unless it is misplaced.

There is nothing wrong with optimism unless it is misplaced.
—–
I misplaced my optimism the other day. I remain hopeful I’ll find it…

“Change is a coming.” —– If “change is a coming” for our benefit, how do you know? Can you say for certain? No one can say anything for certainty. Some things are getting worse, while other things are getting better. Other states are much more draconian — with presence and residential restrictions. Yet other states are moving to “risk assessments,” transitioning to cleverly phrased “risk-based” registries, which will make it hell for a lot more people than realized. With changing tiered classifications, people not otherwise published will show up on the Megan’s Law websites (i.e. look at Nevada and how… Read more »

It should never be the goal of legislation to make others irrelevant. Supporting a caste system is un American and violates the rights of human dignity.

Well now all these public officials are knowingly acting under color of law to deprive individuals of their constitutional liberties. No more immunity. Someone needs to sue each and everyone of these legislators in that state as well as any and all actors of the state enforcing a already determined unconstitutional law. How much were they paying people put on the registry accidentally? well there is a starting point for what damages each and everyone one of those officials can be sued for. They pull that BS on me after I win each and every legislator and public official forcing… Read more »

Mi, Haven’t found any attorneys, seems like they would be running ads in papers & tv,like them do for ( Have you been harm by)………., call 1800-????

How is it that the court said portions of the law was not constitutional and yet thousands in MI are subject to penalty if they do not follow unconstitutional laws? That seems ridiculous. Why should the legislature act if nothing changes if they do nothing.

They might as well drag their feet for all eternity and never change the laws. The lesson in MI and PA is quite clear: it doesn’t matter if you win the legal case, they will still continue to do – or not do – whatever they want. 😡😡😡 After all, what is the judge going to do …. throw the entire State Assembly in jail for contempt? (That certainly seems appropriate to me!)

The courts could order that, but the governor’s office would be tasked to hand cuff them and book them. What side do you think the governor’s office would be on? Not really a question.

Reminds me of the quote commonly attributed to Andrew Jackson: “John Marshall has made his decision; now let him enforce it!” IOW, courts can order things all day long, but it remains up to the executive to enforce the order…or not. Enforcement wholly relies on respect of our laws and constitutional structure….something that’s quite eroded anymore. One more step towards anomie, I say. https://www.britannica.com/topic/anomie

I don’t know if Americans ever had a reverence for the law, even before Andrew Jackson. Remember the tea party? Remember all the broken treaties? Been some good and a lot of bad because of it, but that’s the way it is, to quote a long dead journalist. It’s in the character of Americans to go beyond and even against what authority dictates. Maybe we should recognize that as the case and use it somehow, instead of expecting it to be not so.

Hello Well, I heard back from Mrs Aukerman tonight regarding the Class Action Lawsuit against the state Michigan , and it seems to me just my opinion but it’s just more of the same dragging their feet. I don’t see what the issue is personally we won, fix the damn registry. So I asked her about the Class Action against Michigan and why I can’t find anything about it yet, and this was her response . We are posting information at aclumich.org/SORAinfo.  The pleadings are there.  The hearings have now been moved to October, so it may be winter before… Read more »

sad, we all hear its now a Election thing?

Hello everyone,
I was just on Michigan’s ACLU website, and they finally have uploaded the Class Action Lawsuit to their site. I uploaded it to my phone, but I have no idea how to transfer it to this site sorry. So if anyone knows how to do this so everyone has a chance to read it I would appreciate it,I believe the motions are also included as well. So if some one would be kind a enough to upload it for everyone to read would be great thank you in advance.

Hello Everyone, Well as most of you know the Class Action Lawsuit was pushed back to October, and we probably won’t have an answer till some time this winter. I think some of the reason is because it is a election year her in Michigan. So here is the real reason I am writing this and if anyone has any thought’s on this please feel free to chime in, because I think they are doing us very wrong here in Michigan if this document was supposedly sent to ALL POLICE AGENCIES LIKE THEY CLAIM. I surfing the net, looking for… Read more »

@Bobby:
This would probably p!ss off the LEA where you register, but you could file a FOIA (or whatever state or local equivalent there is…some places just call them Sunshine Laws) request for any and all communications, documents, memoranda, emails, briefings, and similar documents pertaining to enforcement, or prohibition from enforcement, of the 2006 and 2011 SORA amendments.

You’d probably have to pay for their providing this to you, but at least you’d know what they know, and when they knew it.

If you could afford that, there’s possibly a measure of satisfaction knowing what @AJ said about their knowledge. Heck, maybe get them to act for you!

Bobby, I follow all your comments that you post on ACSOL and I regard them as the latest on Snyder. Were you on the NARSOL/ Registry Matters combined podcast on July 19th where they interview Paul Reingold who is heading up the appeal ? I don’t think he covered this matter you bring up.

@ Two States East Yes I did listen to the podcast, but in my opinion nothing was really answered about Snyder, or the Class Action, or at least questions I would of liked answered weren’t asked or answered. I am also going to email Me Aukerman about this memerandum from the Michigan Department of Corrections, and see if I can get her take on it if she will even answer it. I just want to know since this is memerandum that supposedly eent out to local agentcies/ cop shops, then ehyid it not being enforced. I for one would love… Read more »

@ Two States East Yes I did listen to the podcast, but in my opinion nothing was really answered about Snyder, or the Class Action, or at least questions I would of liked answered weren’t asked or answered. I am also going to email Me Aukerman about this memerandum from the Michigan Department of Corrections, and see if I can get her take on it if she will even answer it. I just want to know since this is memerandum that supposedly eent out to local agentcies/ cop shops, then ehyid it not being enforced. I for one would love… Read more »

So if I moved to Michigan now, do I need to register for an unconstitutional law? My judgment was in 2003

Hello everyone, Well I finally heard back from Mrs Washington or her assistant anyway, and as I thought she claims that the Does v Snyder ONLY applies to the original 6 defendant’s NOT all registrant’s and we all know that is a BIG FAT LIE, I have read the 6th circuits decision many times and no way can I find were the 2006 and 2011 Amendment’s ONLY applies to the original six, It does say however that the 2006 and 2011 amendments can NO LONGER be applied retroactively to people WHO’S conviction(s) where before the Amendments were put into place,… Read more »

This is basically the governments stance. This is how they interpret it and I’m not shocked. We will have to wait for a interpretion by the class action.

This should help:

Sex Offender Registration After Does v. Snyder

http://www.sado.org/Articles/Article/491

I think you should forward that response on to the ACLU folks who argued the case before the 6th Circuit.

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