ACSOL: Federal 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 individuals who have earned a dismissal and/or been granted a certificate of rehabilitation. The government argued that the SORNA regulations do not need to clarify SORNA’s application to such individuals because “it’s for the registrant to decide” if SORNA applies to him or her.
The Court appeared to reject the government’s argument and explained that federal criminal liability requires a clear statement regarding to whom the SORNA regulations apply. The Court also opined that, if SORNA regulations do not clearly state the individuals to whom they apply, then the regulations are “unintelligible.” The Court also asked how a registrant is supposed to know if they are subject to the SORNA regulations and stated that the SORNA regulations should be clear regarding the requirements in all 50 states.
During today’s hearing, the Court did not make any decisions regarding the merits of the SORNA regulations or the application of those regulations to individuals granted either a dismissal or a certificate of rehabilitation.
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I am not required to register under Missouri SORA since I have a SIS. Plea bargained prior to enactment of registry. I am now on solely based on Federal SORNA. Bow can you ne a tier 3 for life with no conviction? Just baffles my f’n mind.
Great question, how do you find the answers to that.
How can we get retro active life bans with no conviction.
Any way to post the recorded hearing for those of us missed it? Thanks !!
There was no recording – you would have to order a transcript. It was a live broadcast.
Never understood this”lacks legal standing because he has already registered for the time period required ” each time you “re-register” it states the whole process over. So who cares if I registered 20 times. I am challenging last months registration. See what I am getting at.
He has no more obligation to register under SORNA.
But didn’t he contend that the revised regs nevertheless applied to him, notwithstanding that his term of registration per his SORNA tier has concluded? There must’ve been some revision that could’ve been interpreted as applying even if your Registration obligation has ended …
I guess the judge implicitly said “if your term of registration has ended none of this applies any longer.”
??
Thank you.
Basically, you don’t have standing to file a lawsuit if the end result (winning) would have no impact on you. There must be a “case or controversy” between the parties in order for a court to have jurisdiction, and the plaintiff must be able to show that he or she would benefit from the relief requested.
“Legal Standing” has become the governments beginning argument for every case they know they will lose if it ever gets to court. The judicial branch, from the US Supreme Court to circuit courts, has gone along with this power grab by making “legal standing” harder and harder to have.
Let’s see now! The prosecutor is so convinced that SORNA is so engrained in American culture now that she doesn’t need to be prepared because whether she presents an argument that makes any since or not, doesn’t matter. Of course that’s true because SORNA never made any since from the start. So why change coarse now? Just make an appearance and the swamp will take care of the rest. Unconstitutional doesn’t matter. There convinced no judge would rule in favor of someone on the registry if they like their job.
Ok…so I have decided that SORNA doesn’t apply to me…..I am a free man now….I can travel the world, visit Disney, watch my kids play in the playground, and eat in any restaurant deemed as a children gathering place and not be afraid of being handcuffed and dragged away in front of my family, am I reading this right then?….yeap…actually I just woke up from my wonderful dream….