Reply To: Pennsylvania Legislature attempts to “fix” unconstitutional law

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Chris

I didn’t read the whole bill, but from what I did read it’s the same old, same old. This is a typical response by states when one of their statutes is deemed unconstitutional. Re-write the law and say, “oh look, we fixed it.” Courts will rule existing lawsuits to be “moot” because of the modifications and dismiss them, or in the case of PA v. Muniz, the state can simply withdraw their petition for certiorari. Then the process has to start all over again with people filing lawsuits and the courts bind it up for a year or two while thousands of peoples’ rights are being trampled on. Meanwhile incumbents get re-elected based on their “tough on sex offenders” record and their love of “saving the children.” (While they sometimes have victims along the wayside of their own past.)

This is exactly why I would rather the US Supreme Court had taken up the whole issue of the registry in Snyder. I know that the denial of cert was a “victory”, but if they had heard the case and upheld the court below’s ruling, this cycle of rewriting laws would become useless. I’m holding out hope that more and more district and circuit court judges have the balls to stand up for what’s right, and eventually push the whole issue of the constitutionality of registries back to SCOTUS. And the sooner the better.