MI: Attorney General Files Amicus Brief Agreeing that SORA is punitive.
Here’s the conclusion from the Michigan Attorney General: “Michigan’s Sex Offender Registry Act, taken as a whole, imposes burdens that are so punitive in their effect that they negate the State’s public safety justifications. Accordingly, Amicus Curiae Attorney General Dana Nessel asks this Court to hold that SORA is punishment and its retroactive application violates the Ex Post Facto Clauses of the Michigan and United States constitutions. The unconstitutional 2011 amendments cannot be severed without leaving an Act that is inoperable without remedial efforts that are quintessentially legislative. Protecting the children and families of Michigan from sexual offending is critical, but it is the Legislature’s task to determine how best to do so within constitutional constraints.”
Read the entire Brief: 445142629-AG-Nessel-Amicus
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Just want to caution everybody as this is just an amicus brief designed to add weight to the defendant’s argument. Even if this defendant is successful, the decision won’t automatically apply to everybody else on Michigan’s registry. At the moment, each registrant in Michigan has to pursue relief on an individual basis. However, Ms Nessel has also added that argument to the ongoing class action lawsuit against the state by the ACLU. The Legislature is supposed to take action this month to address the unconventional nature of Michigan’s registry as ruled in Does v Snyder. We Michigan registrants are hopeful, but sceptical that the state will finally comply with the Court’s decision.
Just amazes me how WE cannot break the law but a state can Buck the system and tell the courts to go to Hell on an issue they do not agree with. Seems the Governor of any state that refuses to comply with a court order should be taken into custody, at least until he or she complies. They can always appeal but in the meantime comply but they often don’t thinking they have immunity.
Seems to be a one way street. Do as I say, not as I do. Blatant hypocrisy.
Gerald – Thank you for that clarification. I remember the other one and for a minute I was like …wait I thought she did this already. So two different cases.
Good news maybe, nit wits will probably just change a few things that a few say are punitive that is 4 or 5 years after the nit wits appeals are exhausted.
My hope is that if it is deemed by the courts to be unconstitutional, it will be taken up by each and every State in the Union. Florida, included!
While “Updating” some Vehicle info here in Marion County (FL), I made the comment, That soon all this ILLEGAL stuff will be found Unconstitutional by the “Big Dogs” up the ladder and stopped, I was STRONGLY informed, That Marion County will NOT stop their Enforcement of the “Registry” !!!! They will appeal it to the end of the Earth ! And only stop when FORCED to !! , Simply saying that, They’re not willing to give up all the MONEY that they make off the “Registry” !!! . If everyone would just “Stop and Think”, You will see that, Our Government has and WILL ALWAYS figure out a way to “Legally Extort” money from us !! And the “Registry” is just another PAWN in this Game !! It brings in MILLIONS AND MILLIONS every year ! If (And I say If) the Registry is Abolished , Out CROOKED Government, Will only come up with another scheme to Extort money from us !!. And most of “The People” will vote for it !! The only people smart enough to vote AGAINST these stupid laws, CANT VOTE ! Florida isn’t stupid ! They now just how to structure out laws , To keep us that “KNOW THE TRUTH” away from voting or having influence on a vote ! That’s why we can’t go to town/Government Meetings !! Sure hope this goes somewhere !! We can only pray !
The registry is a STATE statute. Marion County doesn’t have standing to appeal it to the end of the earth.
Not to be argumentative, having said that, if you watch the news on a regular basis in Florida, Sheriffs around the state often buck the system and challenge the state on many issues, including laws they either do not like enforcing or ones that they enforce that they made up.
The comments made to the above person by their sheriff’s office only confirms that.
Last year I saw a guy at the window while I waiting to be called up. He had some paperwork from the courts reducing his sanctions. The desk lady stated ” When we get something “Directly” from the court, we will look into it”. Since we all register on different months and days, I have not seen him again so couldn’t ask how it went but many of us get that attitude from the registry Prison camp KGB officials.
Praying you’re right
Awsome!
I Pray that this is the first crumb that crumbles!!! and then PA. and hopefully, those will be the start of the whole scheme to collapse. so very close to ending it in MI I think less than 2 months now
Amen well said