Reply To: The Sex Offender Registry: A Gorilla on the Basketball Court

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Glen

Saddles,

Regarding Doe vs Cooper, it’s my understanding the court ruled parts of the restrictions unconstitutional and vague. Almost immediately after the court decision, it appears the legislators revised and clarified some things in an effort to combat the courts verdict. In doing so, and unless a clear order by the courts, it seems we are stuck in a virtual infinite “Ground hog day”.

It seems to me that as long as the courts and legislators continue to “Play hot patato” with the laws, we aren’t going to resolve much. That’s not a criticism at all against our efforts to continue to present unjust cases to the court; I just mean we desperately need a decision from the court like Colorado and Michigan that throws a couple more judicial circuits in limbo. In doing so, the big court -SCOTUS- may finally see they will have no choice but to settle this matter; and this time using valid research and evidence.

I think we may be on the cusp of the possibility of change here in NC due to the recent cases filed here by NARSOL. I feel the courts are going to grow tired soon of the “pass the buck” decisions. And, the courts seem to be waking up to the fact that the 2003 SCOTUS decision was based on some “Frightening and High” horse malarky…

That evidence, and given the fact the states merely took the SCOTUS verdict in 2003 as a greenlight to expand on many more unconstitutional restrictions has actually helped our arguement in my opinion; and, it seems logical to me that we are heading back to revisit the Alaska decision of 2003. It’s similar to Plessy vs. Ferguson and the later Brown vs Board of education. I think its just a matter of time and getting the right cases before judicial review.

Ultimately, there’s only a few ways this can play out….1) An ammendment to the constitution – which I feel is very unlikely, 2)SCOTUS will declare specifically some aspects of the registry unconstitutional absent individual assesments based on risk not offense (Which would be very costly and should require correcting the registry to something that’s effective)- I feel this is likely, or…3) SCOTUS rules everything the way it is currently is just fine and dandy – unlikely IMO, and they know such a decision will just ontinue to flood the lower courts with more litigation.

This thing is going to have to be settled, justified, and clarified. At that moment, I do pray we get the perfect case to present.