ILNews

SCOTUS reverses 7th Circuit on sex offender registration

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT