Robin Vander Wall
My frank opinion is that defeating registration itself will require a new legal strategy. Successfully attacking the basic requirement to register will mean that courts have accepted the idea that registration is extremely harmful and damaging to the individuals who are forced to register. I don’t believe the courts are ready to acknowledge that yet. And I personally believe that this eventuality is more likely to “sound” in an Eighth Amendment “evolving standards of decency” claim ONLY after enough courts are on record in various other cases suggesting that there is a punitive aspect to registration itself. And I have seen such language pop up in dicta here and there.