One week to ‘Gundy’ – SCOTUS to hear sex offender case next week
Just over a month ago we posted “Countdown to Gundy“. It will be the first “sex offender case” to be heard by the Supreme Court of the United States this session and it’s potential impact can be huge.
I won’t rehash the details of the case (which can be found in the above link to last month’s article or in this post on SCOTUSBlog), except to mention that the case can be hugely significant to any individual whose case was before the enactment of SORNA (2006). Basically, the authority to determine whether SORNA can be applied retroactively was delegated to the Attorney General and the Supreme Court will now decide whether the delegation of that authority is valid.
This post serves as a reminder that oral arguments are scheduled for next week (October 2) so thoughts, prayers, fingers-crossed or whatever other measures you take to send good vibes to the Gundy team, should be going out!
Audio broadcast of the arguments will be made available from here: https://www.supremecourt.gov/oral_arguments/argument_audio/2018
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
Wondering what date is used to make this “retro-active”.
Arrested in November 2005, for crime in November 2005
SORNA Enacted July 2006
My Plea-Deal signed August 2006, sentenced 2 years prison.
Now lifetime registrant.
Just wondering how excited I should get about this SCOTUS case, or if it doesn’t really apply to me.
Anyone know? Better to get the bad news now – I am used to that!
The principal concept of an “ex post facto” law being unconstitutional is that it applies a harsher punishment than was in effect at the time an offense was committed. The date you would have to look at is the offense date.
With Thomas and Kavanaugh projecting their own guilt onto others, this will be dead in the water along with any other challenges that make it make it to SCOTUS.
Time to face reality folks. Find a state that has provided some relief, move there or just bear the Scarlett Letter.
I expect reason and rationale will only be expressed in the dissent from this point forward.
Perhaps Kavanaugh’s experience of a “false accusation” will bolster his belief that not everyone accused is guilty and that making something apply after the fact is unconstitutional! Just wondering.
It is extremely punitive to the individual, the partner, the kids, the family, friends, coworkers, bosses, community, charities, churches, the state, the nation, the taxes of both, & the world!
** DEFINITELY DOUBLE JEOPARDY!!😱😡
**WHERE IS THE PROTECTIONS OF CONSTITUTION & BILL OF RIGHTS!
*** Especially for Women who have been ATTACKED BY A YOUNGER & STRONGER person who by bragging about sex he is heard! The become he said 1st then “she is forced to take a simple parole case & not a sex offender” by “extremely poor prepared states attorney”!
After serving the parole the State Came back & made the person a lifetime sex offender” **# NO ONE IN THEIR RIGHT MIND, EVEN BEING FORCED UNDER DURESS WOULD, HAVE ACCEPTED THIS POOR JUSTICE!! “Which has caused relationship problems, lost Jobs, lost job opportunities after background check, loss of visiting old vacation locations in Florida, Texas, North & South Carolina,;
Loss of future retirement in above locations, loss of helping charities, churches, & Communities!
Don’t forget people “ who pee in park or on wall to close to school at night, have consensual sex in a public area at night, or men lied to by young ladies, who really look like women, boys dating a younger girl in high school- who turns “18” & parents don’t like the boy so they turn them in for assault or rape, this is just a few of the problems with the Sex Offender issues!!
Why do I get the feeling Gorsuch is going to have a field day with this case because of the Nichols case which is similar to Gundy in regards to sorna and delegation. The same panel that agreed with Gorsuch in that case minus Kennedy are still there.
Would love to see Gorsuch deliver the opinion for this case in similar fashion to his dissent in Nichols.
Let’s not forget the Chief Justice John Roberts argued FOR sex offender registration and notification on behalf of Alaska back in the early 2000’s.
But none of them would of imagined back then how it grew as a monster now ( Not even Roberts ) – Even Kennedy said it was a ” troubling fact “. The 2003 Smith case is nowhere near what it has become in 2018 – it was supposed to be a simple registration – none of what we have today, which was the whole big deal in the Snyder case – which involved SCOTUS and the SG and they all agreed as well.
This case is only about delegation and the powers of the three branches – It just so happens to be taking place with sorna. The Nichols case was similiar to Gundy as Bobby points out. I don’t see how the same panel would all favor Nichols, but would disagree with Gundy – when it comes to delegation.
I hear this a lot, but remember that arguing for that law was Roberts’ job in that case. And he did it well. It does not rule out him viewing a properly-argued RSO case differently as a judge, particularly after 15 more years’ worth of additional facts. Don’t give up!
So what would that mean for my boyfriend who caught his case in 2002 and was just recently arrested for being late to register one day
His court is on the 15th of next month.
Nothing will be decided by the 15th of the month.
He should only be talking to his attorney.
Oh my how time flies. I got a good feeling about this so fingers still crossed and hope for the best.
My dad told me when he was in ‘Nam a lot of people were Atheism but in the fox hole when bullets and tracers were flying wildly. They were praying so matter what you believe in Be a good time to start praying that GOD (for the sake of argument your Higher Power) gives these Black robes some common sense and wisdom.
Would be interesting if the man who started the whole ‘repeat recidivists’ nonsense, who has since claimed he never intended his comments to be taken out of context like they were by the states and courts, will at some point testify before SCOTUS to clear up the misunderstanding?
I have a GREAT IDEA to solve the whole “Punishment or not Punishment” delima !!!!!!. The “Courts” say that “The Registery” is NOT Punishment !!! And is as simple as “Filling out a application for a Costco Card/Membership !!!!!” Correct !!!????. Well here’s how we fix this !!!. We offer say, $50,000 to the “Average” Person, And “150,000 to “People of Power or Higher Statue” !!. This would be “Payment for being added to the “Registery” for 1 YEAR !! And they would be required to follow and one ALL rules and requirements of “The Registery” for that year !! BUT, They COULD NOT tell ANYONE that they “Really wasn’t the Monster that everyone thinks they are/we’re !!!!!. They would have to live their lives JUST LIKE THEY COMMITTED A SEX CRIME AND WAS CONVICTED OF IT !!!. And let’s see how many people would “VOLUNTEER OR AGREE” To be added to “The Registery” !!!!!. I don’t believe ANYONE would do it !! Not even the “Poorest in our community” !! And we’re (anyone added to the Registery after 2006) Being FORCED to “Be On” it !! And we’re NOT getting the “50k or $150K each year !!!!!!. This would be a AWESOME SOCIAL EXPERIMENT !!!! How much Money would it take the Average Person to be added to the list and “NOT TELL A SOUL” that they “Really are not a Sex Offender” !!!!!????. This Experiment would PROVE ONCE AND FOR ALL IF THE REGISTERY IS “PUNISHMENT OR NOT” !!!!.