Decision in Gundy v. United States

Holding: The judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.

Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on June 20, 2019. Justice Kagan announced the judgment of the Supreme Court and delivered an opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Alito filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kavanaugh took no part in the consideration or decision of the case.

Source: ScotusBlog


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22 thoughts on “Decision in Gundy v. United States

  • June 20, 2019

    This country is going to hell. I used to believe we had rights, the court system are a mess too. Sad to hear from the horses mouth that we are second class citizens. I don’t want to be a sell out, but makes me not want to be in this country no more. going to have to find another place for me and my family to move to. very disturbing news….

    Reply
  • June 20, 2019

    A blow to those who’ve remained offense-free for the past 13 years (since this law was enacted). Now only a reformist attorney general can reverse. Or, in Florida, a decision to no longer be one of the 18 SORNA compliant states.

    Reply
    • June 20, 2019

      Correct

      Reply
  • June 20, 2019

    Does this mean that Ex Post Facto is an approved way to execute justice in the United States?

    Reply
    • June 20, 2019

      It means the legislature can delegate that decision to the nation’s top cop.

      Reply
      • June 20, 2019

        But you did notice how they assume the system is tiered everywhere by severity. How can they assume that?

        Reply
        • June 20, 2019

          Same way they assume the high rate of reoffence

          Reply
  • June 20, 2019

    Very sad day. Remove Gundy being a sex offender and it wins 9 to 0. Everything that was argued is completely unconstitutional. Our government does not give one man the power to decide if over 500,000 people can have law be retroactively applied to them. And that same 1 person decide how to punish. This is just absolutely horribly wrong.

    I hope congress decides to go after DUI’s next and create a law if you get a DUI you can never drive again. Then let the attorney general decide that it applies to everyone prior that ever had a DUI.

    Odviously I do not hope something like this happens but I do think the only reason Sorna and the rest of sex offender law has upheld, is because it uses the word sex offender. Once sex offender is removed, the courts can see clearly how unconstitutional.

    Reply
  • June 20, 2019

    Ouch….

    Reply
  • June 20, 2019

    This shows how sad our government is and has been for years. All the supreme Court justices 100% know the execution of granting the attorney general this power violates our constitution. That SORNA itself is unconstitutional, but especially for preact offenders. Yet in today’s government, congress and scotus, the constitution is not important.

    They chose today to take the easy we out and stated it clearly in the opinion. Today is a sad day in so many ways.

    Reply
    • June 20, 2019

      This is exactly what I expected, and another reason to show that I have no normal life to live. My life is pathetic, I just cant take this anymore. I died back in 2002 for 8 minutes, I swear I wish they hadn’t saved my life, because my life is terrible. It is the first thing I think of when I wake up, and the last thing I think of when I go to bed. I am haunted by nightmares. I lost all desire to fight. I have a girlfriend in Colombia that I cant visit, She cant visit me,( hard for her to get a visa) We cant get married because of the AWA. Lonliness is a horrible thing.

      Reply

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