Source: thewillardreport.substack.com 2/1/26
The Doctrine of Finality is the bedrock of the American criminal justice system—the silent promise that once a citizen pays their debt, the ledger is closed. But in Florida, that ledger is written in disappearing ink. For nearly thirty years, Tallahassee has perfected a system where the rules of the Florida sex offender registry change every legislative session, effectively re-litigating over 30,000 “closed” cases every January. Since 1997, the state has tightened the screws over 20 times, transforming this supposedly “civil” administrative tool into what the nation’s highest court now recognizes as a post-constitutional reality.
On January 20, 2026, the Supreme Court of the United States delivered a unanimous 9-0 decision in Ellingburg v. United States—the most significant legal “smoking gun” since 2003 for those challenging the retroactive application of registry laws. For over two decades, the Florida Legislature has relied on the Smith v. Doe precedent to frame the registry as a “civil, non-punitive regulatory scheme” to bypass the Ex Post Facto clause. Ellingburg has finally dismantled that rationalization after decades of ex post facto tyranny.
Removing the Civil Mask
The Court’s ruling establishes a clear standard: the name a state gives a penalty is irrelevant if the substance of that penalty is punitive. Writing for the unanimous Court, Justice Kavanaugh stripped away the state’s primary defense:
“When viewed as a whole, the statutory text and structure make abundantly clear that this is criminal punishment… Our ruling today means the state can no longer hide behind a ‘civil’ mask to impose what is, in substance, a penal sanction.”
The Court identified three specific markers that transform the Florida sex offender registry into a punitive instrument:
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It is a national threat…
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Bout Time they have known this the whole time. What a shame how slow the pendulum swings with Peoples entire lives destroyed for decades. We here in Michigan have been fighting these laws for decades.(ACLU) Pure Punitive and the knew it. They have been told by Court after Court. Still they do Nothing. When will this End?
**** Retroactive Punishment is Unconstitutional ****
Oh how slow the pendulum swings……… 😭
Decades of Punitive Punishment too thousands of People EXPOST FACTO here in Michigan & around this Country.
I myself and many others were sentenced “Years” before a registry was ever even thought of.
Retroactive Punishment Sucks !
30 years plus of Excessive Punishment. Is NOT ok.
The State of Michigan knew what they were doing, they have been told Many times by the Top State Courts and Federal Courts many times its Punitive, yet they keep Thousands of Citizens captive.
In regard to Ellingburg v. United States decision – how does someone like me with a possession charge of CSAM from 2011 will benefit from this decision?