Registrant Thomas Sanderson filed a brief today with the U.S. Supreme Court opposing a request filed by the State of Missouri and supported by 16 additional states to review a decision issued in favor of Mr. Sanderson by the 8th Circuit Court of Appeals. The trial court also issued a decision in favor of Mr. Sanderson. Both courts found that a Missouri state law that required all registrants to post a sign on their home on Halloween was unconstitutional.
In the brief filed today, Mr. Sanderson asked the Court to deny the request for review for four reasons. First and most importantly, he argued there is no split of decisions on the issue of public Halloween signs within the 13 Circuit Courts of Appeal. Instead, cases cited by Missouri referred to private actions such as annual registration.
“The lack of a split among circuit courts of appeal makes it even less likely that the Court will grant review of the decisions in favor of Mr. Sanderson,” stated ACSOL Executive Director Janice Bellucci. Attorney Bellucci has represented Mr. Sanderson at every level of the case.
Second, Mr. Sanderson argued that the decision issued by the 8th Circuit Court of Appeals is correct. This argument addresses the correct level of review of the state law, that is, strict scrutiny and not a lower level of review.
Third, Mr. Sanderson argued that the evidence in the case did not support Missouri’s argument that registrants pose an “especially serious” threat on Halloween. In fact, there are no significant increases in sexual crimes on or around Halloween.
Fourth, Mr. Sanderson argued that his case is “not an ideal vehicle” for review. That is because Missouri failed to substantiate “any incremental need for the sign mandate.”
The State of Missouri has 14 days to respond to Mr. Sanderson’s brief. The Court is expected to decide whether to deny or grant the petition by late October.
Click here to download the brief