I don’t see how you can consider Snyder as the wrong case for SCOTUS to decide to overturn Smith v. Doe. It was as perfect as it gets to accomplish that goal. The 6th Circuit, in Snyder, ruled that the registry in Michigan was punitive, setting a circuit split that includes the 8th. Not only that, but the 6th dove right to the heart of the issue: ex post facto violations by defining the Michigan registry as a whole as punitive.
Nothing strikes to the heart of the issue like that case did. Muniz found only parts of the PA registry as punitive. Snyder saw the whole thing, taken together, as punitive. To me that’s as good as it gets.
If not Snyder, then, what would you consider a better set of circumstances? Do we have to wait until we have 3-5 Circuits splitting?