Reply To: SCOTUS Denies to Hear Muniz


You Sir, should be ashamed of yourself. SCOTUS and other courts have certainly taken up Sex Offender cases. They denied the petition becuase they were saying “the lower court was right!!!!!” This was a PRIME opportunity for them to uphold Smith v Doe if they have a closed mind as you imply. 2 of the justices still in the court were on the court when Smith v Doe was decided. Just like Kennedy said in Packinhsnm v North Carolina, the Internet has changed. It is completely different than it was 14 almost 15 years ago. For example, in 2003, my main purpose for using the Internet was gaming, chat rooms, and dating. Now, it’s going to school, doing my taxes, paying my bills, and doing my banking. Not to mention staying caught up on the news.
This denial set up the BIG ONE. They say SCOTUS says not only is Megans Law, no matter what you want to call it, considered punishment but it is also cruel and unusual. Within, 5 years I think we will be there.

Change happens in small increments. Yes, it sucks this decision only apply to Pa. I am registered in 2 states, Pa and NY becuase once you register in Ny, even if you move out of state, you have to continue until your time is up. So I am affected in both ways. The silver lining is being a tier 1 in NY there is no public info about me. You have to be a tier 2 or 3 for the state to release your info.
SCOTUS did what they should have done which is to deny the petition seeking review. There were is no issues that were brought up in Pa’s brief that deserved the attention of the court. This, cert was properly denied.
Don’t worry our day will come. I can remember people saying “Smith v Doe will NEVER fall, period. Now Look. It just fell with a loud thud.

Sometimes what SCOTUS doesn’t say, is just as strong as what they do say. By denying Cert, they were saying Smith v Doe isn’t the infallible precendent it once was. They knew EXACTLY what they were doing when they denied Cert.