In May, a federal judge gave Michigan lawmakers 90 days to overhaul the state’s sex offender registry law. That ruling came after a 2016 federal appeals court decision that found the sex offender registry law was unconstitutional. That 90-day deadline has now passed, but the law still stands.
We talk to Miriam Aukerman, senior staff attorney with the ACLU of Michigan, about why the court ruled the sex offender registry law unconstitutional, and why there are yet to be any concrete changes to the law.
Omg, FAC. Step to the right direction??? Federal judge ruled FBI’s Terror Watchlist unconstitutional! Because it violates the rights of American citizens who are on the watchlist. Impeding travel in airports, etc. And because reasons for having it are too vague. It was a lawsuit from people put on the database. I think only difference is they have no convictions. But still! Same argument must apply here? And Aukerman’s points? I’m quite excited about this. Here’s the NYT article. The judge’s opinion is included in article. Sending this to support the post above.
Maybe post this article, if relevant?
I took the opportunity to write our Governor asking him to be a LEADER and promote reform of this mess right here in our state. I have no hope that he will but I did try anyway.
Thank you for doing that. I am in the process of sending research-backed facts to our state legislators. I had not thought about our governor. When interviewed by our paper during the elections, after being asked what he thought about Florida’s criminal justice system and prison system, the paper said that he was satisfied with the “status quo”. But some tell me that he is capable of change.
The following is a request of JZ. I have a favor to ask of you. If you have the time, would you please go back to a July 31 posting “NC Ex Post Facto Lawsuit Will Proceed — a big win for NARSOL”. Someone has asked me if I can find an article on a particular lawsuit that I read about awhile back. I was not able to find the news story. You are good at legal research. If you do not have the time, I understand. Thank you.
Capt Charles Munsey Jr. USN Ret
on August 30, 2019 at 10:40 am
It would really upset the ‘apple cart’ if the court would come out and say that henceforth no one will be held accountable or in contempt if they just ignore the registry requirements since it is unconstitutional. It’s time to wake these legislator SOB’s up.
And it’s apparent that, by their practice, they have contempt towards the American Constitution of our country. In my opinion, these traitors need to be extradited. They’ve had a lot of chances to show otherwise that they even love this country.
Karen J Walters Knoll
on August 31, 2019 at 8:23 am
Totally agree with you, Capt. If it’s unconstitutional, then the law shouldn’t be enforced…………..but sadly, if people on registry ignored the unconstitutional laws, they would be put in jail. Everything about the sor is so wrong! Initially, the registry was a “good thing”, pedophiles and habitual offenders were on the s.o.r……. Then lawmakers went crazy and put all kinds of people on the registry for all the wrong reasons!!! I have written to my various congressmen and they are of NO help…and don’t seem to be concerned about resolving the problem. It’s such a mess and it needs to be corrected. I am thankful for the ACLU and others that are trying to fix the mess, but in the meantime so many people are suffering from the unconstitutional laws!
I live in Michigan. It is very frustrating seeing the state drag its feet, but at least there is hope now, hope for sanity and truth to overcome the phony propaganda that the registry somehow protects the public. Unfortunately, whatever legislation is eventually put forth, it will still be necessary to pass in the Michigan House and Senate. I don’t see that happening. I wish the federal court would see through the state’s “phony” efforts and just abolish the registry law NOW.
I agree. What the judge should have done is abolish the entirety of the Michigan SORNA laws when the 90 day deadline had passed without progress made by the legislature. This might have sparked a national debate on the subject.
The Sex Offenders registry is a Death Penalty. The Lawmakers needs to know, the registry is not only destroying the Offenders, its destroying their families. I live in Texas and I know, for a fact, it has put homelessness all around. I feel deep in my Heart, if it happens to one of the Lawmakers families, it will be Demolished. God shall take care of this. He can make these people have a Change in their Hearts. What is the registry protecting, when a majority of sex offenders are Homeless? Why continue to Torture, when these people have Served their Time? We have Serial Murderers out here. Why there’s no Registry for them? Why should we Vote? Abolish the Sex Offenders registry!
I was reading last night about Patty Wetterling, a woman who had some influence in starting the registry years ago. She says the registry has been “hijacked” and mushroomed into a myriad of laws that are doing little to help anyone while being punitive to those on the registry. If she gets it, then I look for the day that politicians and judges get it. By the way, she is okay–she is 69 years old and was previously a math teacher. Join the club.
Yes, Emma, you are correct in saying that if it happens to lawmakers’ families, it will be demolished.
Because no politician wants to ease the burden. That’s why. They have their prejudices the same as society. They don’t want to have any part of the blame when the registry gets changed. They want to go to voters and make the courts out to be the bad guys. The legislature showed no will to fix the law the first time around, so now I guess it’s time for the courts to impose their own remedy. We can only pray severability does not apply so that the whole ball of wax goes down in flames. How long will the court allow the state to drag its feet?
Karen J Walters Knoll
on August 30, 2019 at 8:34 am
I wrote to my Michigan state senator, Eric Nesbitt and inquired about the status of legislation regarding the revision of the unconstitutional parts of the sex offender registry. I received a letter from him, but with a very elusive and vague reply. What a joke…his reply, “the legislature continues to work together with interested parties to find a solution that is best for our citizens. while we do not have an exact timeline for the legislation, we continue work towards a fix that satisfies the issues determined bu the courts.” Meanwhile, MANY people are still required to report, some people are still on the registry that shouldn’t be because of the ex facto issue, and “yet”, if they don’t comply…..they are subject to fines and maybe even imprisonment. The deadline date has passed…seriously, why can’t this issue be corrected? Meanwhile, the people on the registry and their families continue to pay the consequences, just not right. Come on Michigan, get your act together!
So a court ( of judges ) made a ruling and gave and order but the lawmakers are above the law? The time has passed and they did nothing which proves they ( The lawmakers ) do what they want not what the court orders them to do, and there seems to be zero accountability or enforcement of the rulings. I was going to say unbelievable but knowing how things work , it is very believable, yet sad and frustrating.
Capt Charles Munsey Jr. USN Ret
on August 30, 2019 at 7:50 am
We must remember that most political legislators consider themselves to be above the law. When the supreme courts approve their laws they ‘pat themselves on the back and congratulate each other’; when the courts rule against their laws they just ignore the court. The legislature needs to be held in contempt of court. As citizens, you and I would be. No wonder they do not want SO’s to have voting rights. Otherwise they would find themselves jobless. If they cannot comply with the Constitution they do not belong in any position of authority.
Florida’s legislators are in for a wake-up call. Their old times of getting away with these traitorous acts are waning. A love for country is here and now. They have no choice but to comply with the new love Americans are having today. If these old-time politicians don’t catch up, they simply stay behind. Our Constitution must be honored and respected.
Mom in FL on Senator Lauren Book….in her own words: “This woman.... insanely hypocritical ! Wants the government to not interfere with the medical procedures SHE chooses... but introduces bills…”
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Omg, FAC. Step to the right direction??? Federal judge ruled FBI’s Terror Watchlist unconstitutional! Because it violates the rights of American citizens who are on the watchlist. Impeding travel in airports, etc. And because reasons for having it are too vague. It was a lawsuit from people put on the database. I think only difference is they have no convictions. But still! Same argument must apply here? And Aukerman’s points? I’m quite excited about this. Here’s the NYT article. The judge’s opinion is included in article. Sending this to support the post above.
Maybe post this article, if relevant?
https://www.nytimes.com/2019/09/04/us/politics/terrorism-watchlist-constitution.html#click=https://t.co/rVnqZZ8cT7
I took the opportunity to write our Governor asking him to be a LEADER and promote reform of this mess right here in our state. I have no hope that he will but I did try anyway.
Thank you for doing that. I am in the process of sending research-backed facts to our state legislators. I had not thought about our governor. When interviewed by our paper during the elections, after being asked what he thought about Florida’s criminal justice system and prison system, the paper said that he was satisfied with the “status quo”. But some tell me that he is capable of change.
The following is a request of JZ. I have a favor to ask of you. If you have the time, would you please go back to a July 31 posting “NC Ex Post Facto Lawsuit Will Proceed — a big win for NARSOL”. Someone has asked me if I can find an article on a particular lawsuit that I read about awhile back. I was not able to find the news story. You are good at legal research. If you do not have the time, I understand. Thank you.
It would really upset the ‘apple cart’ if the court would come out and say that henceforth no one will be held accountable or in contempt if they just ignore the registry requirements since it is unconstitutional. It’s time to wake these legislator SOB’s up.
And it’s apparent that, by their practice, they have contempt towards the American Constitution of our country. In my opinion, these traitors need to be extradited. They’ve had a lot of chances to show otherwise that they even love this country.
exiled*
Not extradited.
Anyone who blatantly ignores the Constitution or thumbs his/her nose at it is a traitor.
Totally agree with you, Capt. If it’s unconstitutional, then the law shouldn’t be enforced…………..but sadly, if people on registry ignored the unconstitutional laws, they would be put in jail. Everything about the sor is so wrong! Initially, the registry was a “good thing”, pedophiles and habitual offenders were on the s.o.r……. Then lawmakers went crazy and put all kinds of people on the registry for all the wrong reasons!!! I have written to my various congressmen and they are of NO help…and don’t seem to be concerned about resolving the problem. It’s such a mess and it needs to be corrected. I am thankful for the ACLU and others that are trying to fix the mess, but in the meantime so many people are suffering from the unconstitutional laws!
Excuse the expression but most of these political legislators are ‘scared $__ __tless’ to do what is right and Constitutional!
I live in Michigan. It is very frustrating seeing the state drag its feet, but at least there is hope now, hope for sanity and truth to overcome the phony propaganda that the registry somehow protects the public. Unfortunately, whatever legislation is eventually put forth, it will still be necessary to pass in the Michigan House and Senate. I don’t see that happening. I wish the federal court would see through the state’s “phony” efforts and just abolish the registry law NOW.
I agree. What the judge should have done is abolish the entirety of the Michigan SORNA laws when the 90 day deadline had passed without progress made by the legislature. This might have sparked a national debate on the subject.
The Sex Offenders registry is a Death Penalty. The Lawmakers needs to know, the registry is not only destroying the Offenders, its destroying their families. I live in Texas and I know, for a fact, it has put homelessness all around. I feel deep in my Heart, if it happens to one of the Lawmakers families, it will be Demolished. God shall take care of this. He can make these people have a Change in their Hearts. What is the registry protecting, when a majority of sex offenders are Homeless? Why continue to Torture, when these people have Served their Time? We have Serial Murderers out here. Why there’s no Registry for them? Why should we Vote? Abolish the Sex Offenders registry!
I was reading last night about Patty Wetterling, a woman who had some influence in starting the registry years ago. She says the registry has been “hijacked” and mushroomed into a myriad of laws that are doing little to help anyone while being punitive to those on the registry. If she gets it, then I look for the day that politicians and judges get it. By the way, she is okay–she is 69 years old and was previously a math teacher. Join the club.
Yes, Emma, you are correct in saying that if it happens to lawmakers’ families, it will be demolished.
Because no politician wants to ease the burden. That’s why. They have their prejudices the same as society. They don’t want to have any part of the blame when the registry gets changed. They want to go to voters and make the courts out to be the bad guys. The legislature showed no will to fix the law the first time around, so now I guess it’s time for the courts to impose their own remedy. We can only pray severability does not apply so that the whole ball of wax goes down in flames. How long will the court allow the state to drag its feet?
I wrote to my Michigan state senator, Eric Nesbitt and inquired about the status of legislation regarding the revision of the unconstitutional parts of the sex offender registry. I received a letter from him, but with a very elusive and vague reply. What a joke…his reply, “the legislature continues to work together with interested parties to find a solution that is best for our citizens. while we do not have an exact timeline for the legislation, we continue work towards a fix that satisfies the issues determined bu the courts.” Meanwhile, MANY people are still required to report, some people are still on the registry that shouldn’t be because of the ex facto issue, and “yet”, if they don’t comply…..they are subject to fines and maybe even imprisonment. The deadline date has passed…seriously, why can’t this issue be corrected? Meanwhile, the people on the registry and their families continue to pay the consequences, just not right. Come on Michigan, get your act together!
So a court ( of judges ) made a ruling and gave and order but the lawmakers are above the law? The time has passed and they did nothing which proves they ( The lawmakers ) do what they want not what the court orders them to do, and there seems to be zero accountability or enforcement of the rulings. I was going to say unbelievable but knowing how things work , it is very believable, yet sad and frustrating.
We must remember that most political legislators consider themselves to be above the law. When the supreme courts approve their laws they ‘pat themselves on the back and congratulate each other’; when the courts rule against their laws they just ignore the court. The legislature needs to be held in contempt of court. As citizens, you and I would be. No wonder they do not want SO’s to have voting rights. Otherwise they would find themselves jobless. If they cannot comply with the Constitution they do not belong in any position of authority.
“If they cannot comply with the Constitution they do not belong in any position of authority.”
Well spoken sir.
I don’t think that I would be incorrect in thinking that Florida’s legislation will do the same thing when the time finally arrives. Unfortunately.
Florida’s legislators are in for a wake-up call. Their old times of getting away with these traitorous acts are waning. A love for country is here and now. They have no choice but to comply with the new love Americans are having today. If these old-time politicians don’t catch up, they simply stay behind. Our Constitution must be honored and respected.