Herman Gundy was a convicted sex offender who failed to register as one in Pennsylvania and New York, states in which he traveled and resided. Under the Sex Offender Notification and Registration Act of 2006, he had to register, so he was sent to prison again for failing to do so. Gundy v. United States was a 2019 Supreme Court case that dealt with the “nondelegation doctrine,” the practice that prohibits Congress, well, from delegating its legislative abilities to executive administrative agencies such as the Department of Justice or private…
Read MoreTag: Gundy v. US
The Supreme Court Wants to Revive a Doctrine That Would Paralyze Biden’s Administration
Joe Biden promised us an FDR-sized presidency—starting with bold action to halt the spread of COVID-19, end the worst economic downturn in decades, and stop the climate crisis. Biden could use regulation and executive action to move quickly to decarbonize the economy, cancel student loan debt, and raise wages. But a Biden administration has an even bigger problem than two long-shot special elections in Georgia: the new 6–3 conservative majority on the Supreme Court may soon burn down the federal government’s regulatory powers. … But last year, in a case…
Read MoreSCOTUS: Gundy v. United States – Affirmed
Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on June 20, 2019. Justice Kagan announced the judgment of the Court and delivered an opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Alito filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kavanaugh took no part in the consideration or decision of the case. Issue: Whether the federal Sex Offender Registration and Notification Act’s delegation of authority to the attorney general to issue regulations…
Read MoreGundy v. United States could signal a major change in the Supreme Court’s separation of powers jurisprudence
Gundy v. United States is not listed in most media accounts of important matters now before the Supreme Court, yet this case could profoundly change how courts intervene to preserve the constitutional separation of powers in the future. Full Commentary Related How a Sex Offender’s Case Before the Supreme Court Could Bring Down the Administrative State (June 2)
Read MoreHow a Sex Offender’s Case Before the Supreme Court Could Bring Down the Administrative State
___________ was out on supervised release in 2004 from a 1996 crack distribution conviction when he met an 11-year-old girl. He served her cocaine and raped her. As soon as Monday, the Supreme Court will rule on his fate. While court-watchers have been focused on other headline issues the court may decide this term—including cases on abortion, citizenship questions on the Census, and partisan gerrymandering—the ______case could mark a watershed of its own. At issue isn’t the lurid crime itself, but just how much power Congress can delegate to the executive…
Read MoreWhy Should Feminists Be Against the Sex Offender Registry?
In October, the Supreme Court heard a case that was painfully ironic, considering the Kavanaugh hearings the nation had just been subjected to: a challenge to the United States’ extremely restrictive sex offender registry laws. While opinions on the case Gundy v. United States, which challenges the Attorney General’s ability to retroactively impose registry requirements, have yet to come out, debate around sex offender registries is particularly important in the wake of #metoo. Established in the ‘90s following several high-profile rapes and murders of children, the sex offender registry used…
Read MoreSCOTUS: Who Gets to Define the Crime?
Agencies have to interpret statutes to carry out the work of the administrative state. But in the hands of federal prosecutors, does interpretation amount to defining the crime itself? Herman Gundy believes that is what happened to him. In a case before the U.S. Supreme Court this term, Gundy v. United States, Gundy is challenging his conviction for failing to register as a sex offender under the Sex Offender Notification and Registration Act (SORNA). Failing to register is a federal felony. Full Article
Read MoreSex offender registry sparks Supreme Court debate over congressional powers
Supreme Court justices on Tuesday grappled with how much power Congress can pass on to federal agencies in a case that could change the way Capitol Hill legislates. Full Article Transcript of oral argument
Read MoreSCOTUS: Justices face nondelegation challenge to federal sex-offender registration law
Argument Preview: Congress enacted the Sex Offender Registration and Notification Act. One provision of SORNA created a requirementthat a convicted sex offender register with every jurisdiction in which he resides, works or studies, as well as in the jurisdiction in which he was convicted. Another part of SORNA, its criminal enforcement provision, made it a crime for a convicted sex offender subject to the registration requirement to fail to register or to keep his registration information updated if he travels across state lines. But what about sex offenders convicted before…
Read MoreNew Civil Liberties Alliance to Supreme Court: “Don’t let the Attorney General write criminal laws”
[news-journal.com – 6/1/18] The Constitution vests all legislative powers in Congress, and thus bars Congress from splitting its authority with an unelected executive official. Nonetheless, when Congress in 2006 wrote the rules for registration of sex offenders in the Sex Offender Registration and Notification Act (SORNA), it gave a blank sheet, with no guidelines, to the Attorney General to create registration rules for past offenders. This executive lawmaking is being challenged at the U.S. Supreme Court in Gundy v. United States. Although the particular case concerns registration rules for sex…
Read MoreThis Case Could Help Prevent Congress From Outsourcing Its Power
[heritage.org 3/8/18] Gundy v. United States could result in a ruling that would challenge Congress’ tendency to delegate lawmaking authority to executive offices. Key takeaways: SORNA established a comprehensive system of registering sex offenders and requires offenders to register in the jurisdiction where they live, work, or go to school. In practice, however, Congress delegates quite a bit of authority to executive branch officials and administrative agencies. When Justice Neil Gorsuch was on the 10th U.S. Circuit Court of Appeals, he dissented from the court’s denial of an en banc…
Read MoreThis Case Could Help Prevent Congress From Outsourcing Its Power
[dailysignal.com] How much authority can Congress give to the attorney general to effectively write the criminal laws? That’s a question the Supreme Court will address next term in a newly added case, Gundy v. United States. This case goes to the heart of the Constitution’s separation of powers and, specifically, how much Congress can pass the buck to the executive branch to make our nation’s laws. And that, in turn, is about safeguarding liberty. In Gundy, the court will review Congress’ delegation of authority to the attorney general to decide…
Read MoreThe Supreme Court May Revive a Legal Theory Last Used to Strike Down New Deal Laws
[UPDATED links 3/9/18] [slate.com] On Monday, the Supreme Court agreed to hear Gundy v. United States, a constitutional challenge to federal sex offender regulations. If, like me, you believe that America’s current sex offender regime is draconian, unjust, and counterproductive, that might sound like good news! And perhaps it is. But there’s one aspect of the court’s grant that may be very bad news from progressive viewpoint: It will only consider whether the policy in question violates the nondelegation doctrine—a hazy legal principle last used to strike down New Deal legislation in 1935. Full…
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