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…
This 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…
The 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…
PA: U.S. Supreme Court denies appeal of sex offender decision
The U.S. Supreme Court will not hear a challenge to a recent state court ruling that determined part of Pennsylvania's sex offender registration law was unconstitutional. Full Article Related https://floridaactioncommittee.org/scotus-refuses-to-hear-pa-case-that-found-sex-offender-registry-punishment/…
Sex offender registries endanger the lives they’re meant to protect
Our communities deserve effective public-safety measures that are based on facts and sound research, not wasteful and counterproductive measures born of fear. We all want to be safe. We have…
MN: Supreme Court Won’t Hear Minnesota Sex Offender Case
The U.S. Supreme Court ruled Monday that it won't hear a challenge to Minnesota's sex offender civil commitment system (Karsjens v Piper), which allows people who have been deemed sexually…
MI: SCOTUS denies review in Snyder v. Doe
UPDATE: Statement from the Michigan ACLU The U.S. Supreme Court announced today that it will not hear the State of Michigan’s appeal in a challenge to the state¹ sex offender…
Will SCOTUS Let Fear of Sex Offenders Trump Justice?
Two cases give the Court a chance to reconsider its counterintuitive conclusions about commitment and registration. According to the U.S. Supreme Court, locking up sex offenders after they have completed…