Comments on: Can Smith v. Doe be overturned?

By: JZ

JZ — Sun, 18 Nov 2018 01:22:21 +0000

Well, another shoe just dropped. Please sit down if you are standing, Pam Blondi is on the short list to be the next United States Attorney General !
🙁

By: Timmr

Timmr — Wed, 14 Nov 2018 20:29:28 +0000

For what it is worth I never imagined the registry itself would have come to existence in my America. I therefore have trouble seeing what can happen with Smith. Maybe it is just my lack of legal knowlege. One thing I do know is that even after Brown versus Board, it took several brave women and men and many more years to further challenge segregation, before it became the law. Segregation is reestablishing itself again. What I am more concerned about is not with how the cases are going, but how the national dialogue is going. David Pakman’s condemnation of the registry is a good sign. Also good is the questioning of the carceral state by both conservatives and liberals. Without a public consensus changing public views on crime, especially sex crimes, as with the evolving opinions about gays for example, court cases will not provide the needed changes in the long run. Getting out there and engaging the public is probably the best way to help things along.

By: Gerald

Gerald — Wed, 14 Nov 2018 15:04:05 +0000

In reply to Dustin. I think that 5 of the Justices who decided Smith v Doe have been replaced now, and the remaining 4 were split, 2 for and 2 against. Since it wasn't a unanimous decision, there is always a chance of reversal, especially since the last 15 years of statistics show that the underlying facts used in that decision were incorrect.

By: Dustin

Dustin — Wed, 14 Nov 2018 00:05:12 +0000

Something else I wanted to point out. There has always been a long period of time between a decision of the US Supreme Court and another later overruling it. Don’t have examples offhand, but as far as I can recall, they have never overturned a precedent until after at least the author of the overruled case has retired or otherwise left the bench.

I don’t know if that’s just coincidence or if there’s some unwritten rule or tradition of the court, but it’s reason to be optimistic, considering the author of the majority opinion in Smith v. Doe has been replaced. Just a thought…

By: CMC

CMC — Mon, 12 Nov 2018 23:31:42 +0000

In reply to CMC. Did it again....Itself

By: CMC

CMC — Mon, 12 Nov 2018 23:29:12 +0000

In Smith V Doe the court recognized that the requirements of the registration act resembled parole and probation, traditional forms of punishment but noted:

1) Registrant was free and at liberty to change residences and places of employment without restriction
2) Did not require in person registration. It was noted that at first Alaska did consider such a requirement but dropped the language from its statute.

The Court can simply re affirm these two factors, which in my humble opinion, is why the Court found in its 5/4 decision that the registration requirement by its self did not violate the ex post facto clause.

By: John

John — Mon, 12 Nov 2018 12:30:43 +0000

In reply to Alex.

Alex, all the attorney generals filing their briefs for this case shows how important the Millard v. Rankin case is and how much of an impact it will make, which is why NARSOL filed their own briefs themselves. Here is a link to their amicus brief.

https://narsol.org/2018/07/breaking-news-narsol-files-amicus-in-colorado-case/

Personally, I don’t think the 10th circuit will uphold Matsche’s ruling, but that is good, because the attorneys for the plaintiffs will appeal to SCOTUS if that happens as they mentioned that they expect this to be requested to be heard by SCOTUS either way. I would rather it be us making the request.

By: B1

B1 — Mon, 12 Nov 2018 00:30:51 +0000

In reply to Gerald. thanks this is a great case

By: Florida Action Committee

Florida Action Committee — Mon, 12 Nov 2018 00:20:22 +0000

In reply to B1. This is a very valid point. Spouses and children SHOULD sue!

By: B1

B1 — Sun, 11 Nov 2018 23:37:54 +0000

In reply to Dustin. This is exactly the point them stating the horrific cases and linking 26k men ever ready todo the same thing providing there is no registry is a mockery of power and damaging beyond repair to our family’s. Perhaps the crime should fit the punishment. Is this why like DUI is a misdemeanor until someone is killed? 10,000 killed to keep the courts fat? How is a years probation gonna prevent a guy from traveling to get sex from a 14 year old that is a loner and will travel anywhere to get anything? This is a joke.