Robin Vander Wall
At this point, it’s important for everyone to know that the Court has not granted certiorari in this case. It is merely on petition. The Court will conference about the case at some point to decide whether or not to take it up (same as “granting certiorari”). Regarding Justice Kavanaugh, there’s no way to know how he might view a case related to the sex offender registry. However, I know that he is a close professional colleague of Professor Eugene Volokh (UCLA School of Law) and follows very closely Volokh’s blog, the Volokh Conspiracy (Washington Post). Another professor at UCLA is coordinating amici efforts in the Bethea case. So, there’s a considerable amount of support for the advancement of this case coming from some of the same law professors and attorneys who were involved in the Packingham effort. This, of course, is no indication about how Justice Kavanaugh would view the merits of the questions presented, but I think we can rest comfortably assured that Kavanaugh will be familiar with our legal issues, and will certainly have had occasion to appreciate the Court’s reasoning in Packingham as well as the Court’s reluctance to interfere in Snyder and Muniz.