Source: jdsupra.com One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to government regulations has an interest in developments in administrative law. Key U.S. Supreme Court decisions in recent years have significantly cabined the role of federal agencies and opened the door to new avenues for challenging government regulation. Even more changes may be on the horizon. Read the full article
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LA: Louisiana woman challenges Sorna using ADA angle
Source: courthousenews.com 12/21/23 NEW ORLEANS — A federal court in Louisiana denied the state police’s request to stay a convicted sex offender’s lawsuit alleging that Louisiana’s onerous sex offender notification requirements have resulted in an unfair cycle of arrest, imprisonment and release for noncompliance in violation of her due process rights. The state authorities did not offer any argument on the four factors required to obtain a stay pending appeal, including where the public interest lies in the litigation. Read the full article and download the decision
Read MoreThe Evolving Landscape of Administrative Law [including SORNA]
Source: jdsupra.com 9/25/23 Shay Dvoretzky, Emily Kennedy Skadden, Arps, Slate, Meagher & Flom LLP+ Follow Contact Key Points The U.S. Supreme Court’s October 2023 term may bring fundamental changes to administrative law, including by possibly overruling Chevron. Decisions in recent years demonstrate the Court’s skepticism of administrative power and increasing willingness to question government regulation. New limits on agency power may create opportunities for businesses to challenge unfavorable regulations, but they also may open the door to attacks on long-standing rules that businesses find helpful and predictable. One of the…
Read MoreCA: Federal Court Denies Government’s Motion to Dismiss SORNA Claims
Source: ACSOL A federal court today issued a decision that denies a motion to dismiss two claims filed by the U.S. Department of Justice (DOJ) in the pending SORNA lawsuit. The focus of the decision is the application of the recently issued SORNA regulations. The federal government has argued in the past that the SORNA regulations apply to every person convicted of a sex offense unless there has been a court finding of innocence. Plaintiffs have argued that the SORNA regulations apply only to those who are currently required to…
Read MoreCA: Government Files Motion to Dismiss SORNA Complaint
Source: ACSOL The federal government filed on February 13, 2023, a motion to dismiss the pending lawsuit which challenges SORNA regulations that became effective in January 2022. The motion alleges that the complaint fails to state a claim and that one of the plaintiffs lacks standing. A hearing regarding this motion is scheduled for April 5, 2023, in federal district court in Riverside, California. While the motion is pending, the preliminary injunction granted by the court on January 13, 2023, will continue. That injunction prevents the federal government from enforcing…
Read MoreIL: Illinois gets penalized yearly for not meeting federal Sex Offender Registry standards, but keeps getting money back
Source: cbsnews.com 2/7/23 CHICAGO (CBS) — Illinois loses grant money every year as a penalty for failing to meet federal standards with our Sex Offender Registry. CBS 2’s Tara Molina found Illinois manages to get that money back – more than $2.5 million worth. But the state still is not in good standing. This has been going on for more than 10 years. Illinois loses grant money every single year since the state isn’t in compliance with the federal Sex Offender Registry and Notification Act, or SORNA. But we found…
Read MoreCA: A Federal Judge Says the DOJ’s Sex Offender SORNA Registration Rules Violate Due Process by Requiring the Impossible
Source: reason.com 1/19/23 Justice Department regulations threaten people with prosecution for failing to register even when their state no longer requires it. A rule that Attorney General Merrick Garland issued in 2021 notionally requires people to do things that are plainly impossible. If they have been convicted of a sex offense, they must register with their state, even when the state neither requires nor allows them to do so. They also must supply the state with all the information required by federal law, even when the state does not collect…
Read MoreCANCELED! SORNA Regulations Hearing January 13
Source: ACSOL The judge canceled the hearing in SORNA case scheduled for January 13. Instead of a hearing, the judge will make his decision regarding whether to grant the pending Motion for Summary Judgment based upon the written record only, with no oral arguments.
Read MoreUPDATE: SORNA Regulations Hearing Delayed Until January 13
Source: ACSOL UPDATE: The federal district court in Riverside has delayed the hearing in the SORNA regulations case. The new date for the hearing is January 13. The hearing is scheduled to begin at 9 a.m. and is open to the public. The hearing can also be viewed online. Additional details regarding how to view the hearing online will be provided close to the hearing date.
Read MoreLA: Lutcher Man Sentenced to for Failure to Report International Travel as a Sex Offender
Source: justice.gov 10/21/22 NEW ORLEANS, LOUISIANA U.S. Attorney Duane A. Evans announced that WILLIE WALKER, age 56, was sentenced on October 14, 2022 by Chief United States District Judge Nannette Jolivette Brown to a probationary term of five years for failure to report international travel as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA). According to court documents, WALKER was convicted in Washington State in 2002 of a sex offense that required him to register as a sex offender for life. In addition to registering as a sex offender, WALKER was…
Read MoreAmended Complaint Filed in SORNA Regulations Lawsuit
Source: ACSOL An amended complaint was filed in federal district court yesterday in the lawsuit challenging SORNA regulations which became effective in January 2022. The amended complaint adds three plaintiffs using the pseudonyms “John Does 2, 3 and 4.” The amended complaint also includes the two original plaintiffs — John Doe 1 and ACSOL. According to the amended complaint, John Does 1 through 3 are no longer required to register in the states in which they currently reside, however, they are required to register under SORNA. John Doe 4 is…
Read MoreFederal Court Denies Injunction, Allows Amended Complaint and New Motion
Source: ACSOL A federal court today denied a motion requesting a preliminary injunction in a case challenging the SORNA regulations. The court’s decision was based upon a determination that the sole individual plaintiff, John Doe, lacks legal standing because he has already registered for the time period required by his SORNA tier. The judge then provided plaintiffs with an opportunity to file an amended complaint within 14 days as well as to file a subsequent motion for preliminary injunction. During today’s hearing, the parties discussed whether SORNA regulations apply to…
Read MoreSORNA Regulations Hearing Postponed Again. Now it is on September 26
Source: ACSOL The federal district court has once again postponed the date of the hearing during which arguments in support of and in opposition to a pending Motion for Preliminary Injunction (PI) was to take place. The new hearing date is September 26. The location remains the same — U.S. District Court in Riverside, California. This is the sixth scheduled hearing date for the PI motion. The hearing date has been changed three times at the request of the Attorney General and three times by the court. It is possible…
Read More****Fifth Update: SORNA Regulations Hearing Rescheduled for Sept 12, 9am PT. Zoom available.
Source: ACSOL Update as of Aug 17, 2022: The hearing date has again changed. The new hearing date is now set for Sept 12, 2022 at 9:00 am Pacific Time. Click below to read the document filed with court requesting that the judge change the hearing date from Aug. 29 to another date to be determined. The reason given is that the assistant U.S. attorney has a scheduling conflict. Stip to Continue date for hearing on PI motion – Aug 2022 A hearing is in a federal district court to…
Read MoreCongress can’t punt its lawmaking responsibility to the attorney general
Source: thehill.com 6/6/22 Congress makes the law; you are innocent until proven guilty; and everyone is entitled to due process of law. These are elementary principles of American government that we all learn in grade school. But they are threatened when Congress gives the U.S. attorney general unilateral power to write the criminal laws his office is charged with enforcing. It shouldn’t be controversial to say that someone must not go to prison unless he broke a law written by Congress (or a state legislature). But Attorney General Merrick Garland…
Read MoreJanice’s Journal: The Wheels of Justice are Moving
The wheels of justice are moving in California and across the nation. Perhaps the wheels of justice will take us to The Tipping Point where the public will recognize there is no need for registries and that those currently listed on a registry as well as their families will be allowed to lead peaceful and productive lives. In California, a significant lawsuit was filed in federal court this week that challenges the SORNA regulations that became effective earlier this year. The lawsuit includes a request for an injunction which, if…
Read MoreSOLPRC’s Guide for Practitioners to New Federal SORNA Regulations Effective January 7, 2022
Source: mitchellhamline.edu 5/2/22 On December 8, 2021, the Department of Justice (“DOJ”) published regulations regarding the implementation of the Sex Offender Registration and Notification Act (“SORNA”). The new regulations are notable for their emphasis on the responsibility of individuals with prior sex offense convictions to ensure compliance with Federal SORNA even where relevant state registration schemes maintain different requirements. In light of the new regulations, and with the assistance of a number of attorneys and academics working in this area, SOLPRC has prepared a short guide to assist legal practitioners…
Read MoreACSOL Joins Pacific Legal Foundation in Challenge to SORNA Regulations
Source: ACSOL The Alliance for Constitutional Sex Offense Laws (ACSOL) today signed a Memorandum of Understanding (MOU) with the Pacific Legal Foundation (PLF) to challenge the federal SORNA regulations that became effective in January 2022. As a signatory to the MOU, ACSOL has agreed to serve as a named plaintiff in the lawsuit which will be filed in the Central district of California, a federal trial court. The remaining plaintiff is a registrant who resides in California and will be known as “John Doe.” The lawsuit will include a request…
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