Source: ACSOL
The federal government has filed a brief in response to the Motion for Summary Judgment filed by the Pacific Legal Foundation in November 2024. The government brief includes a cross motion for summary judgment. The plaintiffs in the case, including ACSOL, have an opportunity to file a reply to the government’s brief no later than February 16, 2025.
The focus of this case are SORNA regulations that became effective in January 2022. A lawsuit challenging the regulations was filed in October 2022.
“One important change in this case is that there is a new hearing date of April 28 for the court to hear oral arguments on the parties’ motions for summary judgment,” stated ACSOL Executive Director Janice Bellucci. Oral argument will be held in U.S. District Court, Riverside, Courtroom 1, before Judge Bernal.
Motion for Summary Judgment - Govt - Jan 2025
I’m lost. What was the original case about? Not sure if I was even on the registry yet, and THAT has been 10 yrs. 🤔 This is turning into a bad divorce case…..🤣
Typical government response. Unless you are arrested you lack standing so you need to
risk 10 years in federal prison to obtain standing and then hope you win your case after the arrest.
I’ve not read this, yet, but we could’ve expected this coming from them all things considered. Let’s see what can be sent back that way for a reply in three weeks…
Wow. There is a multitude of obfuscation with this federal gov’t brief. And they’re relying on the same method of states increasing penalties on registrants because the Smith v Doe (2003) decision said it was okay. But we know states show that newer registry laws are punitive compared to their original design, see MI and PA cases.
The fed gov’t is trying to confuse the judge(s) of what the old SORNA described was a post-conviction relief with a specific pardon description. Under the old SORNA law, a 1203.4 (case dismissal) was accepted by the federal government to remove one from the registry. The new SORNA law would not recognize that practice any longer. Again, the fed gov’t is using obfuscation in hopes the judge(s) can be swayed with honey than know the truth.
Finally, does the fed gov’t know that since the registry was considered a regulatory scheme under Smith v Doe (2003) that it can be applied retroactively? Thus, every escapee from the registry can be put back onto the registry. And this becomes very true should a CA escapee decides to move to a different state and that new jurisdiction can put the escapee back onto the registry because the new SORNA laws. The new SORNA laws will essentially make ever CA escapee a prisoner of CA since their relief is not recognized federally; hence, restricting freedom of movement under threat of authority. That is punitive.
Regarding freedom of speech (or not to speak) Does this executive order help this case?
No abridging allowed!
RESTORING FREEDOM OF SPEECH AND ENDING FEDERAL CENSORSHIP EXECUTIVE ORDER
PLF’s and ACSOL’s final reply to the SORNA injunction was due yesterday (Sunday Feb. 16th).
Does anyone know of its status or content?
Any idea how long to expect the court to take before announcing a decision?
The Supreme Court ruled that ex post facto, (having retroactive effect or force) does not apply to SORNA laws. If “ex post facto” doesn’t apply then how is the law not unconstitutional?
Their ruling in and of itself is stating the unconstituonalality of it.
There are several ways that SORNA is unconstitutional… It violates Article 3 of the Constitution, Separation of Powers, as the Attorney General cannot make the law and enforce it too.
The Constitution says that laws cannot be made that are directed at specific people. How is SORNA not a violation of that?
The Supreme Court is not defending the Constitution… they are ignoring it with SORNA and denying a specific group of people from the same liberties and freedoms that the our Constitution grants to every American citizen. So then how is it that the Supreme Court’s breach of oath to defend the Constitution not considered an act of treason?
Denied by Public Defenders to an honest challenge to the Constitutionality of SORNA, I am infuriated with the destruction, hindrances, injustices and stupidity that SORNA is dispelling out into what was once a great country to live in. It promotes hatred and discrimination by an unjust classification.
I’m ready for a class action lawsuit against the US Supreme Court, the US Attorney General, along with every State, County and jurisdiction that has Sex offense registries implemented for violating the rights that our Constitution guarantees us.
Where are the registries for murderers, for drug dealers, for drunk drivers, for corrupt government officials, for thieves, or any other classified criminal? The fact that there’s only registers for people convicted of a sex offense is proof that it is in fact punitive.
But I’m sure as with everything else, everything I’ve stated here will go unnoticed, unheard, and ignored. Freedom of speech is great, but worthless without providing impact for changing what is most definitely wrong on so many levels.