ACSOL Board Member Ira Ellman has published a scholarly work that claims the registry regime is motivated by animus and should be stricken. This conclusion is based upon an analysis of four relevant U.S. Supreme Court decisions in which the Court determined what constitutes animus and struck down existing laws on that basis.
According to Ellman’s work, “(n)o similar regime has ever been imposed on any other group of law-abiding former felons who have fully served the sentence for the crime they committed years earlier”. The work also concludes that the registry raises a “strong an inference of animus” and that inference of animus “does not survive the scrutiny of scientific studies which find the registry ineffective and often counterproductive”.
In addition to serving as an ACSOL board member, Ellman is the author of “Frightening and High,” a scholarly work published in 2017 which revealed that the U.S. Supreme Court relied in the past on unsubstantiated statements in a “Psychology Today” magazine article when it determined that the requirement to register does not constitute punishment and therefore new sex offender laws could be applied retroactively. Ellman is also a Distinguished Affiliated Scholar at the Center for Study of Law and Society at the University of California, Berkeley.