SCOTUS refuses to hear PA case that found sex offender registry punishment.
The Supreme Court of the United States today denied a petition from the Cumberland County District Attorney’s Office to review a July decision from the Pennsylvania Supreme Court that found the state’s current sex offender registration law was punishment and therefore could not be applied retroactively under ex post facto constitutional grounds!
The ruling from the court was brief:
PENNSYLVANIA V. MUNIZ, JOSE M.
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
Just like the Snyder case out of the 6th Circuit last year, the highest nation in the land has refused to review a case that found the sex offender registry constitutes punishment. This is good news!
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Figures that these old farts would refuse a case that actually affects tens of thousands when they would rule on a party involving 21 people.
This is American justice for you. Sex offenders are too valuable as scapegoats and second class citizens to be even considered. We have been thrown away by our government.
“Officers were OK to arrest 21 in ‘makeshift strip club’ house party, Supreme Court says” Link to story: https://www.cnn.com/2018/01/22/politics/house-party-supreme-court/index.html
Personally I have had it with the lot of them.
why?
Fantastic news!
This should be very good for our ex post facto challenge in the 11th Circuit. Any ideas how this will affect the Colorado case 10th Circuit that the registry was ruled unconstitutional by Cruel and usual punishment by the circuit court
Although it’s not binding precedent, it’s great persuasive precedent. If the same facts and arguments hit the SCOTUS twice and get the same result, chances are you can predict the way they will go if it happens again. We just need to get more cases there.
Yes, good news at the onset. Back in 2003, for the most part everyone knew it was bads news for RSO’s when SCOTUS chose to hear the Alaska and Connecticut cases. Remember, current SCOTUS Chief Justice John Roberts represented the State of Alaska before the Supreme Court. Now the question remains: is SCOTUS simply waiting for more State supreme court decisions to arise before taking up this issue yet again? Or, are the justices letting themselves off the hook for their ignorant decision in 2003 and simply attempting to right their wrong by refusing to hear these new cases? The miracle of miracles will be for such a decision to be issued by the Florida Supreme Court and for SCOTUS to refuse to hear the State’s appeal.
Chances are it would come through the 11th Circuit as the challenge will be in Federal Court.
The thing I like about this case (in combination with the 6th Circuit case) is that this one was a STATE case. The STATE court found, “For those reasons, we find Pennsylvania’s ex post facto clause provides even greater protections than its federal counterpart, and as we have concluded SORNA’s registration provisions violate the federal clause, we hold they are also unconstitutional under the state clause”
The SCOTUS rubber stamping another that contained the language “we find it violates the federal constitution” is a good thing.
Don’t know that I would call it good news. Sounds to me like SCOTUS doesn’t want to hear cases regarding the constitutionality of the registry because it might end the registry en totem rather than case by case and state by state. Will read the opinion when I can; maybe my gut instinct is wrong.
Dustin – you are correct that it’d be GREAT if SCOTUS picked it up, heard it and made it the law of the land. That would be the BEST case scenario.
The worst case scenario would be if they heard it, reversed it and made THAT the law of the land. The fact that they considered it and determined there were no issues worthy of reconsidering is not the best case scenario, but a good outcome.
After SCOTUS denied cert in Snyder (the 6th Circuit Case), we shouldn’t be surprised to hear they won’t pick up a similar case. The chances are; the 10 other circuits will have to bring their own challenges to get relief.
It is good news in the sense that if SCOTUS refuses to hear any case from the next lower court….. then the decision of that lower court now becomes law and precedent for other cases. If the higher court refuses any case, the lower decision stands and cannot be challenged in that case again. So, effectively, refusing the case automatically affirms that SORNA is unconstitutional in PA! This is GREAT news for other states fighting the same kinds of cases, and gives legal precedent to cite!
If anyone wants to read the PA decision that remains intact, you can read the decision here:
http://www.pacourts.us/assets/opinions/Supreme/out/J-121B-2016oajc%20-%2010317692521317667.pdf
We want to hear cases that effect florida.Other states receive remedies but not florida
Florida is the worst. You should know that. It’s one of a handful of states that still has LIFETIME registration. Perhaps the only that also leaves a registrant on it’s state’s registry after they move away, get deported or die. Our state judges are elected and our politicians are in the pocket of a lobbyist who has a personal vendetta against “sex offenders”. We have a lot more adversity to overcome than most other states because our starting line is miles behind every other state.
We did get a good decision last year in both our SORR (the 11th Circuit reversed) and we got an injunction in the Internet Identifier case, so there are cases that impact Florida and the decisions are not all bad. Our state is just bad.
Florida is a big and tough battle of many surrounding outside battles in a single big war.
The more battles won outside of Florida can leave Florida vulnerable eventually. Win as many as you can outside while fighting yours, then close in with pressure until you can finally put cracks and break through their circled wagons. It is simply strategic. The hardest part is having patience. The most brilliant strategists all had unquestionable patience because wars would last what seemed a lifetime. But eventually, someone has to win. Stay patient and keep fighting.
Send lawers, guns, and money…and a cargo ship full of hope!
Thank you Florida Action Committee! Posting of this US Supreme Court ruling on the PA ruling, is very helpful. Everything that the Florida Action committee has done over the past several years has been phenomenal in helping preserve ALL our constitutional rights that has made OUR country, the United States of America a great country and a beacon of liberty, freedom, civil and humanitarian rights for ALL.
Unfortunately, over the past several years there has been a campaign to undermine the constitution, rights, civil liberties, and human dignities that has made the United States the bulwark of freedom and human liberties, a shining beacon throughout the planet.
There is so much yet that needs correction. But maybe through the sacrifices made by the sex offenders, “niggers”, American Indians, and all other people that have been oppressed by mistakes made by politicians or people of influence through utter ignorance or alterior motives😕
I still believe in the great experiment that is the United States of America! We as a country, as a people need to get our shit together and get back to reality.
I am going to continue to fight the good fight anywhere, and everywhere I can. We all have to be as informed and educated as we can be so when confronted with hard questions as to what why, how, and where, we will have realistic, and educated answers that are convincing. Otherwise we all will come across as a bunch of God Danm idiots!
Send lawers, guns, and money!