Federal Judge Allows Challenge to Idaho Registry to Go Forward
A Federal district judge has issued an order denying the State of Idaho’s motion to dismiss its challenge to SORA. Plaintiffs represented by civil rights attorney Matthew Strugar “have plausibly alleged that SORA is so punitive in effect that it negates the Idaho legislature’s intent to enact a civil regulatory scheme. As such, plaintiffs’ ex post facto and double jeopardy claims survive the instant motion to dismiss.”
Citing Supreme Court precedent, however, the court warns that “to find SORA unconstitutional, ‘only the clearest proof’ will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty.”
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When the USSC incorrectly ruled on SORNA and unleashed this stupidity, they ruled on a civil program whose entire basis was a public registry of where people lived. I have no doubt Idaho is like Florida and most States in that we now have programs with 50-60 new requirements which continue to grow almost every legislative cycle. At some point, one might argue what was once a civil program has now become a criminal sentence due to its expanding nature. I can only imagine that is the argument that is going to be made in Idaho. I wish them the best of luck.