SCOTUS: Petition Maryland v. Rogers
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: Mourning the Loss of U.S. Supreme Court Justice Ruth Bader Ginsburg
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…
SCOTUS: Justices Nix Heavy Sentences for Repeat Sex Offenders
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…
SCOTUS: 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,…
How 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,…
SCOTUS: Court poised to rule for challenger in dispute over constitutionality of sex-offender law
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…
Why 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…
SCOTUS: 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…
Denying Bail
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…
The ‘Frightening and High’ Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers
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…
SCOTUS: Justices add three new cases to this term’s docket
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…
States Can’t Make Up New Laws to Punish Old Conduct Just Because They Call Them “Civil”
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…
Sex 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…
SCOTUS: 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,…
MI: Treatment of sex offenders depends on whether they’ve challenged rules
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,…
New 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…
This 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…
Briefing the Supreme Court: Promoting Science or Myth?
The Supreme Court recently decided, in Packingham v. North Carolina, whether North Carolina’s ban on the use of social networking websites by registered sex offenders is constitutional. The principal legal…