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SCOTUS reverses 7th Circuit on sex offender registration

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The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.

In a 6-3 decision that divided the court’s traditional ideological lines, a majority of justices ruled on Thomas Carr v. United States, No. 08-1301, which the 7th Circuit had decided more than a year ago.

The case goes back to 2004, when petitioner Thomas Carr was first convicted of first-degree sexual abuse in Alabama and registered there after his release from custody. When Carr moved to Indiana at the end of that year, he failed to register here. That was discovered in July 2007 – after the federal Sex Offender Registration and Notification Act had gone into effect in 2006 and made it a crime for convicted offenders to travel between states and not register locally. Carr later entered a conditional guilty plea in the Northern District of Indiana and appealed on an ex post facto claim.

In December 2008, the 7th Circuit ruled on the case -- the first of its kind in this Circuit -- and held that Carr’s rights weren’t violated because he had about five months to register and failed to do so. The appellate panel held that the law isn’t unconstitutional and any convicted sex offender must register even if they came to the state prior to the federal law's passage.

But Carr appealed to the SCOTUS and six of the nation’s top justices disagreed, reversing that decision but not addressing the constitutional question presented. Justice Sonya Sotomayor authored the 18-page majority opinion with Chief Justice John Roberts and Justices John Paul Stevens, Anthony Kennedy, and Stephen Breyer joining her. Justice Antonin Scalia concurred in part and with the final judgment, while Justices Samuel Alito, Clarence Thomas, and Ruth Bader Ginsburg joined in a 15-page dissent.

“Having concluded that (18 U.S.C. §2250) does not extend to preenactment travel, we need not consider whether such a construction would present difficulties under the Constitution’s Ex Post Facto Clause,” Justice Sotomayor wrote, after the court analyzed the legislative intent and wording of the federal act.

But Justice Alito wrote that the majority “misinterprets and hobbles” the federal act provision and the rationale used to reach that conclusion is unsound based on the reading of the provision. Congress didn’t intend for the law to apply only to those traveling after the statute went into effect, but aimed the measure at targeting those “missing offenders” who may not have registered prior to the new law, he wrote.

“When an interpretation of a statutory text leads to a result that makes no sense, a court should at the minimum go back and verify that the textual analysis is correct,” Justice Alito wrote. “Here, not only are the Court’s textual arguments unsound for the reasons explained above, but the indefensible results produced by the Court’s interpretation should have led the Court to double-check its textual analysis.”

Justice Alito would have affirmed the 7th Circuit’s decision.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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