Thursday, September 10, 2009

Retroactivity in SORNA Unconstitutional Punishment

This is huge. A favorable retroactivity opinion from a Ninth Cir Panel. Thanks Doug.

Here is Corey Young on this subject. Volokh weighs in too, calling the decision or opinion not clearly correct. But this disregards common sense in favor of a technicality and precedent established by a quasi political cum legal establishment, the Supreme Court of the United States. Imo a decision is correct, right, when it makes sense. The opinion can always be tailored to fit the decision. Thus, distinguishing a juvenile from an adult in this instance is simply a clever if obvious way to suggest that the effect of retroactivity on adults is punitive as well. Does anybody disagree that registration and its consequences are punitive in light of the many, many studies in recent years finding safety concerns are not well served by registration? How can we continue to maintain the fiction that registration's stated purpose is not punitive but promotes a public purpose?

It is well past time to review the notion that registration serves any good purpose whatsoever, retroactively applied or not.

Ruling is limited to juveniles adjudicated delinquent under the Federal Juvy act. I didn't know there was such a thing. Why is there?

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