Reply To: AWA Loses in Pennsylvania’s Highest Court – Discussion Continued


Don’t worry any new (more restrictive) regulation would face Ex Post Facto and cruel and unusual punishment (8th amendment violation) challenges. Of course, as we all know, Pa claims Act 10 (For us Pre-SORNA People) is non punitive. I am not worried because the General Assembly already knows the Pa Supreme Court is skeptical of their registry efforts as it is. If you read the comments from the Hearing process that eventually produced ACT 10, every senator on the judiciary committee hated the bill, but knew they HAD to VOTE for it in an election year.
Also IF ACT 10 is found punitive, Pa would risk having to create a 3rd registry as IF ACT 10 is found punitive, the residency restrictions would not apply to Pre-SORNA or SORNA people.

I say BRING IT, we will stomp you in court. If ACT 10 is found punitive, and they pass these new residency restrictions, they open themselves up to years in court and an Article 1, Section 13 of the Pa Constitution challenge (state equilvant of U.S. 8th amendment)

The tide is changing guys in our favor. Let them make the registry more restrictive. All they will be doing is proving our claim that the registry (as spookiest in PA) is punitive and cruel and unusual .

Being inconvenienced for 3-5 years for the chance to drive the stake into the heart of the registry for good, is WORTH IT.