There is an update in the pending case challenging the SORNA regulations. The federal government has withdrawn its appeal of the Preliminary Injunction, however, the federal government is continuing to pursue a motion to dismiss the case.
Although both the federal government and the plaintiffs have waived oral argument regarding that motion, the judge has scheduled a hearing on that motion during which oral argument may be required for June 5 at 9 a.m. Plaintiffs are required to file their brief opposing the motion to dismiss no later than April 27. Defendants are required to file their reply brief no later than May 18.
During the time the motion to dismiss is pending, the Preliminary Injunction will continue to be enforced. That injunction, which is limited to registrants who currently reside in California, prohibits the federal government from enforcing the SORNA regulations in that state.
I am just curious what everyone else feels about this. Do you feel strongly that we will prevail and the case will stand, or should we be worried that the judge will toss the case. Also, if we win once again, who is to say the Federal Government won’t appeal and get another court. It just seems like this is a tennis match. Back and forth, back and forth. Does it ever really end?
I’m glad to hear that it’s moving forward. That’s very good news. And I can certainly understand why the federal government wanted to waive oral arguments in the upcoming June 5th hearing – at the last hearing, the government’s attorney was awful, unable to answer the judge’s questions and presenting arguments which the judge himself easily picked apart.
I hope this hearing will also be available via video link. The last one was very enjoyable to watch!
This case is about the “Chevron doctrine” and is directly related to the arguments against the Federal SORNA Rules:
The massive Supreme Court case you’ve probably never heard of