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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What was the vote? The 11th circuit is one of the worst for civil liberties.
Ok I read it was a 3 judge panel, including (weirdly to me) a judge from the 7th circuit. Very depressing.
I’d also like to point out the court was wrong to rule the state ID marks are “moot.”
Yes, Alabama removed the scarlet “CRIMINAL SEX OFFENDER” marks from the front of the ID Card. But there is still a mark on the ID. As with FL (at least with those labeled as “offenders,” not those labeled as “predators”), there is a code on the card.
A mark is a mark, whether it be in bold scarlet letters or a code, or a symbol. If I posted the symbol that Prince used, most people would know what that symbol means. And anyone can go online and find info about the mark.
While true, a mark as compelled speech is just that, the mark is the least restrictive as the court sees it for those who are labeled as offenders. I’d like to see the predators issue taken on by the horns under the same compelled speech premise.
Will this be appealed?
This IS the appeal.
I read through the apellate decision. While I am not an attorney, these appelate judges are Neanderthals. They should be removed from the bench and put out to pasture. Their rulings are based on a study that has only shock value and has been discredited because it has no factual basis.
From this decision it seems that all a legislature needs to do is to declare a law to be a civil regulatory measure. Any “rational” relationship can be backed up by any flimsy out-of-the-mainstream study.
Ed C
That is also what stood out to me. Hidden behind 81 pages of decisions mostly poor. Saying it’s just a civil inconvenience because that was the intention of its creators. That’s like saying a person who kills or injures someone while drunk didn’t do anything wrong because his intentions were just get home and he was too drunk to walk. His intentions were good.
Homeless people having to check in up to 56 times a year. Then you say that is not punishment. What world do you live in? Their mentality is showing. Maybe that is why Alabama has one of the lowest average incomes in the country. I know that wasn’t very nice but after 7 years this is your best. Give me a break.
This nation was founded on the principles of liberty for all.
The mere circumstance of having to report travel to anyone (while under no sanction) is odious to the extreme! — It is a contradiction, and it is repugnant!
I am not advocating for nor threatening extremism or violence when I say that someone may, someday, show very clearly what punishment is!
(Do you see how polar opposites can be easily interchanged; how black can be made into white through written words? This is what these dogmatic liars do! They feel that the ends (“not a single child”) justify their perjury (“it’s really not meant to punish”)
We don’t need to threaten these dishonest hearts. We simply need to promise them a different future than they might expect!
Their perjury is written on their foreheads and, for those who’s heart is justice, plain to see.
Bill of attainder.
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The Universal Declaration of Human Rights states that everyone has the right to freedom of movement and residence within the borders of each state, and the right to leave any country, including their own, and to return to it (Article 13).
(Everyone except people like Mr. McGuire).