CORRECTION: The 9th Circuit reversed a lower court’s dismissal on ex post facto grounds. In essence, they are telling the district court they were wrong in dismissing the case and it has been remanded.

From the opinion, “Appellants, 134 men and women registered as sex offenders in Idaho, claim that the retroactive application of Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code § 18-8301, et seq. (“SORA”) is unconstitutional. According to the First Amended Complaint, a series of amendments to SORA have heightened registrants’ registration and notification obligations and imposed direct restrictions on registrants’ movement, housing, and employment. Further, all amendments to SORA have been applied retroactively to all Idaho sex offender registrants. Appellants argue that these retroactively imposed provisions are unconstitutional, in part because they violate the Ex Post Facto Clause and the Free Exercise Clause. The district court granted Appellees’ motions to dismiss, dismissing all of Appellants’ claims. Because we find the district court erred in dismissing the ex post facto and free exercise claims, we reverse in part. Additionally, because the district court predicated its dismissal of the Eighth Amendment and double jeopardy claims on its dismissal of the ex post facto claim,we hold that those judgments were also in error, though we reserve judgment on the merits of those claims.”

Read the full opinion here: https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/09/19-35391.pdf

The following districts are in the 9th Circuit:

  1. Alaska
  2. Arizona
  3. Central District of California
  4. Eastern District of California
  5. Northern District of California
  6. Southern District of California
  7. Guam
  8. Hawaii
  9. Idaho
  10. Montana
  11. Nevada
  12. Northern Mariana Islands
  13. Oregon
  14. Eastern District of Washington
  15. Western District of Washington

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