What do you think of the Oral Arguments in Henry?

This week, an en banc panel (the full court) of the 11th Circuit Court of Appeals reheard the Henry Case (where Alabama precludes registrants from living with minors… even their own children). An audio recording of oral arguments was posted and can be heard here: https://www.ca11.uscourts.gov/sites/default/files/oral_argument_recordings/24-10139_02102026.mp3 We encourage members to take the time to listen. You do not need to

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11th Circuit tackles sex offender residency ban

On Tuesday, the 11th Circuit grappledBruce Henry’s 14th Amendment challenge to Alabama’s residency restriction barring certain sex offenders from living with minors, including their own children. Henry, a Tuscaloosa County resident, pleaded guilty in 2013 to federal child pornography possession and served 18 months in prison, completed sex offender treatment and has had no further offenses. In 2021, after marrying

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The Doctrine of Finality

A few days ago, we put up a post that revisited Ex Post Facto in light of the recent Supreme Court Decision in Ellingburg v. United States. The essence of Justice Thomas’ concurring opinion was that if it walks like a duck…, if it quacks like a duck…, it doesn’t matter if you want to call it a chicken… it’s

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Does the Ellingburg decision open the door to revisiting Ex Post Facto as it relates to sex offender laws?

The Supreme Court’s decision in Holsey Ellingburg v. United States (No. 24-482) should reopen a long-overdue conversation about the constitutional foundations of modern sex offender laws. In Ellingburg, the Court made clear that labels do not control constitutional analysis: when a legal consequence operates like punishment, is imposed as part of a criminal judgment, enforced through the criminal justice system,

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