Devastating blow in the 11th Circuit as long-awaited decision in McGuire is released
The decision in McGuire that we have been waiting for for 7 years came out and it is very unfavorable.
A copy of the opinion is being shared before we even had a chance to read and digest it.
More to come.
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Probably not coincidentally, only a few hours after TPM wrote a story calling them to task for taking almost a decade to decide it.
https://talkingpointsmemo.com/feature/mcguire-strange-eleventh-circuit Yes! I was thinking the same thing. The ruling was not decided for seven years then Fl action committee mentions the case, this site runs an article then they release their decision. It feels to me that it’s related why wait 7 years to issue your opinion if it this.
One thing that sticks out at me is how the courts had downplayed the difficulties RCs face when seeking housing throughout the course of this case. The court pointed out the US District Court “found that these two restrictions made approximately 80 percent of the City of Montgomery’s housing stock and 85 percent of its jobs off limits to registrants. But many registrants were able to find housing and jobs in Montgomery nonetheless. Of the 430 registrants who lived or worked in the city, the court found only three were homeless. And approximately 50 percent of these registrants had jobs. Although this meant that roughly half of the Montgomery registrants lacked jobs, the court noted that this number included some registrants who were not actively seeking employment.”
For one. you’d think that only 20% of housing and 15% of jobs are theoretically open to an RC in Montgomery AL would be alarming, but not to these courts. While Alabama can technically no longer force the homeless to stay in jail beyond their sentences, I’ve had a few folks claim they’re still doing it or implying they can.
Also, homeless doesn’t always mean living under a bridge. If you stay in a shelter, or you’re couch surfing, or staying at a homeless camp you might be at a static location but you don’t have a home. And how many are truly stable? Are some holed up in a hotel? Also, if you stay under an overpass just outside the city limits you aren’t technically IN the city.
The chronically homeless in general tend to be nomadic. They don’t stick around where they are harassed or lack resources, so even a homeless registrant may opt to move elsewhere.
That part of this ruling already angers me. Essentially the courts are saying the same nonsense Ron Book has said when he denied his residency restrictions created the homeless crisis in South Florida.
people act shocked over this decision.. YOU will NEVER have freedom in America and millions more will join you until the number rises high enough and the threat of violence is imminent enough they have no choice but to protect themselves from the monsters they have created.. read a history book ounce… It was the same for the blacks and every other group that has had their day in the demonic eye of the American corrupt system..America loves its slavery and witch hunting. It has never ended either..It has only changed the names and criteria for who to claim as slaves and witches.. With its voodoo science and witch doctor psychology it can convince even the otherwise most rational into fits of vigilante rage and a desire for blood shed against any whom the state deems as undesirable slaves and witches..
“America loves its slavery and witch hunting”
America is obsessed with justice, punishment and “getting even.”
Spite and hate seems to be one of America’s shadow pastimes.
Just look no further than society’s twisted fixation with “true crime” porn. Just look how hat new “Dahmer” show is raking in millions for Netflix. Seems like America loves to be tantalized and partake in the “highlight reels” of unspeakable acts. This also explains why the registry is “popular” among the masses – it allows the curiosity seekers animosity to partake in the escapism value of being shocked, and afraid.
As usual, not punitive simply because the legislature didn’t intend it to be. Under that standard, what would these judges consider enough to deem punitive despite intent?
And outside of new registry laws, since when does intent outweigh outcome?
How is the collateral consequence of prison time for only this class of people not punitive?
Couple bright spots. Notice that they left open the question of whether banishment zones (think Brevard, Seminole, Clay) would have been constitutional (pp. 44, 48). Same for certain SORRs that are so extreme as to cause mass homelessness (see p. 48 and contrast Montgomery with Dade).
I see that overall what made things difficult for plaintiff was the precedent that an ex post facto challenge is inherently facial rather than as-applied and therefore requires “clearest proof” (!) of traditional-type punishment of all registrants.
But I’m still going through it and have gotten halfway.
It’s a bad ruling, but let’s resist the temptation to accuse the panel of being corrupt nincompoops or whatever.
I agree there making rulings based on the false facts about recidivism and the registry . No court likes to be wrong in it opinion nor does it seems that it wants to know the real truth of it all. The truth hurts and so called smart people making decisions about your life don’t like to be corrected even with undisputable facts. False, fake ,hateful information sales even in the minds of the courts. 👀
New Supreme Court jurists Ketanji Brown Jackson said a time is coming when you need to address the registry issue. Here is her chance hopefully the gentleman appeals the decision and the court agrees to hear it.
My thought exactly!