SORNA CA Litigation Update: Both Parties File Notices of Appeal

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Source: ACSOL

The Pacific Legal Foundation (PLF) filed a notice of cross-appeal yesterday with the 9th Circuit Court of Appeals.  In its notice, PLF stated its cross-appeal is based upon three issues: First Amendment, Administrative Procedures Act and nondelegation.  The trial court ruled against PLF on those issues.

The federal government previously filed a notice of appeal with the 9th Circuit Court of Appeals.  That notice states the government will appeal the trial court’s issuance of a permanent injunction that protects registrants in California.

An initial briefing schedule for the appeals was set after the federal government filed its notice.  In that schedule, opening briefs are due by September 30.  Due to PLF’s filing, the briefing schedule is expected to be extended.

The lawsuit that is now pending was initially filed in May 2022.  The trial court judge issued a preliminary injunction in the case in January 2023 which protected all registrants residing in California from the SORNA regulations at issue.  The trial court issued its final decision in April 2026, ruling in favor of registrants on one of four issues.  In its final decision, the trial court also issued a permanent injunction that protects all registrants residing in California. 

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