I sort of kinda don’t want them to withdraw the appeal. If the withdraw, there will always be that question, does Smith v. Doe (2003) still control? I think it’s inoortant for SCOTUS to say “Hey you know what, a lot has changed in the last decade and a half.
Then the other side of me says. “ take a win, whenever you can”. After all, if a denial of cert encourages more people to challenge their SORNA version, that is a good thing. Then again, the old adage rings true: Don’t go to the Supreme Court too soon. Once they decide your case, there is no appeal. They tried to have Megans Law declared punishment in 2003. I do think now is the time though. Almost everyone has a social media account and they know that.