The Pacific Legal Foundation (PLF) filed a motion for summary judgment on November 18 in its pending case that challenges current federal SORNA regulations. The U.S. Department of Justice is required to file its opposing brief to this motion no later than December 23. The PLF will have a final opportunity to support its motion in a response due no later than January 24, 2025. A hearing on the motion is scheduled to be held on March 10, 2025.
In its motion, the PLF argued that the SORNA regulations are unconstitutional because they violate registrants’ due process rights, chill free expression, create a presumption of registrants’ guilt for failure to comply with the regulations as well as violate the separation of powers. If the motion is ultimately granted, the court could extend the existing preliminary injunction that applies only to registrants in California to registrants nationwide.
“ACSOL appreciates the continued efforts of the Pacific Legal Foundation to protect the rights of registrants,” stated ACSOL Executive Director Janice Bellucci.
The SORNA regulations now being challenged took effect on January 7, 2022. The Pacific Legal Foundation filed an amended complaint challenging the regulations on October 11, 2022.
An important issue in this case is the definition of the term “sex offender.” The federal government has argued that the definition of this term includes every person convicted of a sex offense even if they are no longer required to register. The PLF has opposed and continues to oppose that definition.