Reply To: In denying Snyder petition, Supreme Court upholds Sixth Circuit ruling



I would presume, like Robin’ position, that DJ is not directly implicated by Schneider. The states convicted registrants on completely separate set of facts. However the state does reuse the notice of convictions to get warrant issue for arrest for ” failure to provide information”. So I see where your confusion comes from.

It does seem that one must already be guilty (of something) before registration can be triggered by law. Using a former conviction as a touch stone was objected to by J.P. STEVERNS in Alaska v Doe.

In my opinion, the act of making law that is on its face retroactively applied, points to punitive intent by the states. States like Alaska and Wisconsin decided by edict ( via administrative branch) to use DOC to promulgate the rules AND their application to sexually oriented offenders. Other states opted for the state police or Attorney s General. If one were to check the history of Alaska’s regime one would see Alaska supreme court rejected Doe immediately finding it punitive in all respects- much like the 9th circuit did originally.