Today, in a private session, the U.S. Supreme Court will be discussing an important case concerning the sex offense registry. News may come as soon as Monday, March 27th. The State of Michigan has asked the court to review a ground-breaking ruling by a lower federal court, the U.S. Sixth Circuit Court of Appeals. The Supreme Court is set to discuss the request for review today; review is granted in very few cases. If they turn down the request – the 6th Circuit ruling remains intact and directly impacts the states in the 6th Circuit (Michigan, Ohio, Kentucky, Tennessee). If they grant review – anything can happen. If accepted for review, the case would not be heard until the Fall. Below are links to the 6th Circuit ruling, news headlines that explain its importance, and the documents for the Supreme Court review. –Bill Dobbs, The Dobbs Wire
Does v. Snyder – decision filed Aug. 25, 2016
US Court of Appeals for the Sixth Circuit, Case Nos. 15-1536/2346/2486
http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0207p-06.pdf
Audio of oral argument – Part One–Jan. 27, 2016 Part Two–Apr. 27, 2016
News coverage and blog stories
Washington Post | Aug. 26, 2016 | By Fred Barbash
Court says Michigan sex offender registry laws creating ‘moral lepers’
Reason.com | Aug. 26, 2016 | By Jacob Sullum
6th Circuit Says Mich. Sex Offender Registry Is Punitive and, Not Incidentally, Stupid
http://reason.com/blog/2016/08/26/6th-circuit-says-michigans-sex-offender
Mimesis Law | Aug. 26, 2016 | By Andrew Fleischman
Sixth Circuit: Michigan’s Sex Offender Registry Is Punitive
http://mimesislaw.com/fault-lines/andrew-fri-sixth-circuit-sex-offender-registry-is-punitive/12483
Simple Justice | Aug. 27, 2016 | By Scott Greenfield
The 6th Circuit Finally Said The Magic Word: Punitive
https://blog.simplejustice.us/2016/08/27/the-6th-circuit-finally-said-the-magic-word-punitive/
Michigan Radio | Aug. 26, 2016 | By Jack Lessenberry
Michigan’s sex offender law is unfair and probably unconstitutional
Slate | Aug. 26, 2016 | By Mark David Stern
Appeals Court Issues Scathing Ruling Against Michigan Sex Offender Penalties
Request for review by the U.S. Supreme Court – documents
Petition for writ of certiorari by the State of Michigan
http://www.scotusblog.com/wp-content/uploads/2017/02/16-768-cert-petition.pdf
Opposition brief for John Does #1-5 by the Michigan ACLU and Michigan Clinical Law Program
http://www.scotusblog.com/wp-content/uploads/2017/02/16-768-BIO.pdf
Reply brief by the State of Michigan
http://www.scotusblog.com/wp-content/uploads/2017/03/16-768-pet-cert-reply.pdf
I think the 6th Circuit decision in Does v. Snyder really upset the apple cart. I don’t think anyone ever thought that such decision would ever be made in a federal court due to the general public’s demand for blood in sex offender (SO) cases. Enough though research or empirical evidence, done over the past 15 years on the contentious issue of recidivism, which fuels the hate, has shown, with consistency, that there is no such thing; however, the general public does not care. Why? SO cases are of an EMOTIONAL nature. Research of a statistical nature deals with logic and reasoning, something a mother with small children, does not function well with—it does not apply. When you say sex offender you might as well be yelling FIRE! in a crowded theater. Or you may as well be talking about spiders and snakes in a play ground—same deference. So SCOTUS will have its work cut out for it on this one. The way I see it they have only three roads to travel: a) Deny cert and let the MI case stand and thereafter look for a 10,000 law suites from all over the US challenging their state’s SO laws citing Does v Snyder, or, b) grant cert, overturn Does v. Snyder and condemn all US registered SOs to life in the “Sh#!” hole, or c) grant cer, affirm Does v Snyder and risk another civil war (Abraham Lincoln style) from suburban soccer moms all over the country. Pretty much I think federal judges know SO laws are UNCONSTITUTIONAL, especially, especially when applied years AFTER a person’s conviction and sentence. I mean come on man, you know this violates the constitutional ban on Ex Post Facto!!! ya’ll just upholding this crap because suburban soccer moms bitch and complain to state legislatures. There is no “SO PANDEMIC” and the people who know—know. If you want to do something about SOs all state legislatures have to do is FRONT LOAD the criminal code with life without parole for a second or subsequent SO case, plain and simple. Quite violating people’s constitutional rights. I read a very wise man say a long time ago: “Injustice anywhere is Injustice Everywhere”.
i think you are 100% correct although part of me thinks SCOTUS will hear the case as a different decission in another circuit they would hear the case adventually
My thinking is if the SCOTUS does not pickup this case, this law from the 6th Circuit ruling goes into effect. I’m I correct?
It is already in effect, but if the SCOTUS accepts, it could be overturned. IMO, this is an opportunity for the SCOTUS to avoid the embarrassment having to deal with the “Big Lie” they helped perpetrate a few years back that caused the current mess.