The final Judgment just came out from the Eastern District of Michigan and it’s a good one!
Michigan’s pre-2021 SORA is DECLARED to be punishment!
Ex post facto application of the 2006 and 2011 amendments is DECLARED unconstitutional, the 2011 amendments are DECLARED not severable from the pre-2021 SORA, and the pre-2021 SORA is therefore DECLARED NULL AND VOID as applied to conduct that occurred before March 24, 2021 to members of the ex post facto subclasses (defined as all people who are or will be subject to registration under SORA, who committed their offense or offenses requiring registration prior to April 12, 2011, and who have committed no registrable offense since).
The caveat to this order is, “As this litigation did not address the constitutionality of the new SORA (as defined above), this injunction does not enjoin enforcement of any provision in the new SORA (as defined above).”
That, unquestionably, will be the focus of a new lawsuit, but in the mean time, this order represents a victory for registrants in Michigan, for the ACLU and the attorneys fighting this long battle.