Via ACSOL:

https://all4consolaws.org/2022/11/federal-court-stops-lawsuit-challenging-denial-of-base-access/

@GL I’ve had similar thoughts about bills of attainder (by extension “bills of pains and penalties”) which are prohibited in the same sentence of the Constitution as are ex post facto laws. Both disallow PUNISHMENT applied unless imposed by the judiciary. And you are right, there is virtually no criminal case law on the subject.

Until the registry is considered punishment by the courts, neither ex post facto nor bills of attainder apply. As we all know, obtaining this determination is an uphill fight. The danger in using bills of attainder as a legal vehicle is that we could get an adverse ruling, such as the 2003 Alaska decision. This could close the door to further litigation.

I suspect lawyers such as Janice at ACSOL have not brought up the bills of attainder/bills of pains and penalties argument for strategic reasons. Bills of attainder would apply much more broadly than ex post facto, which could deter courts from making a constitutional ruling that might bring down the entire registry. Until punishment is clearly established through ex post facto challenges, raising a bill of attainder challenge would likely be counterproductive and perhaps self-defeating.

For the moment, it is better that we let sleeping bill of attainder dogs lie.

Peter

You are not alone. Many of us, including myself have charges way before any registry even existed. We were added retroactively with no chance to appeal, or bargain. Nothing was mentioned of any registration during my sentencing, it just didn’t exist.

How many of us would have decided to go to trial instead of a plea if there had been a registry at that time? We were cheated of that chance.

I’m a disabled vet and 5 years ago I was denied access to JBSA Lackland for a reunion because I was an RSO. It just doesn’t seem fair that a person volunteers to serve, makes a mistake, and then is denied to reunite with his old friends. My case was a set up, even the judge said that. The funny thing is that when I was sentenced to 364 days in the county jail, my sentencing sheet said nothing about having to register. He didn’t put any restrictions on me, I could live near schools or churches, I could be around people under 18, I could be anywhere where minors congregate. To this day, I’m still not sure that I had to register. My lawyer didn’t do a thing for me.

Also, there’s NO plan to move ex-USS Orleck to Mayport. They wouldn’t make any money by restricting access to it.

I am also a disabled vet, also here in Jax and a few years ago I was barred from NAS due to my RSO status. It took me about 8 months and a slew of letters / phone calls to Base Legal to find the Navy Instructions that would allow me access to the base specifically for: Medical, PSD, NEX and Commissary privileges. I had to petition the SouthEast Region Admiral for these permissions. I also had a stipulation included in the waiver that I can not be within one block of Navy Housing. I asked since the Navy Hospital is adjacent to Navy housing on 3 sides, how does that affect my travel. I was told politely “Dont do anything stupid and nothing stupid will happen to you”. I have not been on the base since. I have the contact info if anyone local needs access. The Navy Instruction is CNIC 5530.14 and CNIC 1752.1

2 Corinthians 12: 8-10

8 Three times I pleaded with the Lord to take it away from me. 9 But he said to me, “My grace is sufficient for you, for my power is made perfect in weakness.” Therefore I will boast all the more gladly about my weaknesses, so that Christ’s power may rest on me. 10 That is why, for Christ’s sake, I delight in weaknesses, in insults, in hardships, in persecutions, in difficulties. For when I am weak, then I am strong.