SCOTUS Archives

The Supreme Court Wants to Revive a Doctrine That Would Paralyze Biden’s Administration

·December 3, 2020
·20 Comments

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…

National

SCOTUS: Petition Maryland v. Rogers

·September 27, 2020
·83 Comments

Maryland v. Rogers addresses whether sex offender registration is “punishment” within the meaning of the Sixth and 14th Amendments. Jimmie Rogers pleaded guilty to a Maryland criminal law that provides…

Janice's Journal

Janice’s Journal: Mourning the Loss of U.S. Supreme Court Justice Ruth Bader Ginsburg

·September 19, 2020
·12 Comments

After a long battle with cancer, U.S. Supreme Court Justice Ruth Bader Ginsburg died yesterday. She and her wisdom will be missed profoundly. As a civil rights attorney, an appellate…

General News

SCOTUS: Justices Nix Heavy Sentences for Repeat Sex Offenders

·June 26, 2019
·22 Comments

In an opinion that aligns Justice Neil Gorsuch with his liberal colleagues, the Supreme Court overturned a law that imposes heightened punishments on sex offenders who are caught with child pornography. “Only…

General News

SCOTUS: Gundy v. United States – Affirmed

·June 20, 2019
·72 Comments

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,…

General News

How a Sex Offender’s Case Before the Supreme Court Could Bring Down the Administrative State

·June 2, 2019
·25 Comments

___________ 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,…

General News

SCOTUS: Court poised to rule for challenger in dispute over constitutionality of sex-offender law

·February 26, 2019
·35 Comments

This morning the Supreme Court heard oral argument in a dispute over the constitutionality of a federal law that requires convicted sex offenders to return to prison for at least…

General News

Why Should Feminists Be Against the Sex Offender Registry?

·December 22, 2018
·15 Comments

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…

General News

SCOTUS: Who Gets to Define the Crime?

·December 10, 2018
·3 Comments

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…

National

Denying Bail

·November 19, 2018
·10 Comments

The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution. Full Article Also see Is a Categorical Denial of Bail…

General News

The ‘Frightening and High’ Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers

·November 14, 2018
·20 Comments

Arizona Supreme Court overturned a state ban on bail for people accused of sexual assault "when the proof is evident or the presumption great," concluding that the categorical exclusion violated…

General News

SCOTUS: Justices add three new cases to this term’s docket

·October 27, 2018
·20 Comments

In United States v. Haymond, the justices will weigh in on a challenge to the constitutionality of a federal law that requires additional prison time for sex offenders who violate…

General News

States Can’t Make Up New Laws to Punish Old Conduct Just Because They Call Them “Civil”

·October 14, 2018
·58 Comments

Article I, Section 10 of the Constitution provides that “[n]o State shall … pass any … Ex Post Facto law.” The Ex Post Facto Clause was incorporated into the Constitution…

General News

Sex offender registry sparks Supreme Court debate over congressional powers

·October 3, 2018
·32 Comments

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…

General News

SCOTUS: Justices face nondelegation challenge to federal sex-offender registration law

·September 25, 2018
·74 Comments

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,…

National

MI: Treatment of sex offenders depends on whether they’ve challenged rules

·June 7, 2018
·10 Comments

Eight months after the U.S. Supreme Court effectively upheld a decision saying parts of Michigan's sex offender registry law — one of the toughest in the nation — were unconstitutional,…

National

New Civil Liberties Alliance to Supreme Court: “Don’t let the Attorney General write criminal laws”

·June 2, 2018
·26 Comments

[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…

National

This Case Could Help Prevent Congress From Outsourcing Its Power

·April 22, 2018
·7 Comments

[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…