Reply To: Solicitor General to SCOTUS: Don’t grant Snyder petition

Jeremy Heady

After reading the actual decision in this case from the 6th circuit, I actually agree with avoiding the Supreme Court on this one. There is likely a better case being brought up that would have far more reaching effects.

The decision stops its judgment after it declares that the SORA is punitive as it applies to Michigan. This stopped the legislature because it effectively makes the plaintiffs no longer a party to the other issues brought up and therefore unable to fight them because the ex post facto decision takes them completely off of the registry. As the decision points out, this has been happening all over the country. My state of Indiana declared it punitive in 2009 with Wallace v. State of Indiana. Since my conviction was in 2010, it doesn’t really apply to me unless Indiana tries to make it worse. This is true for thousands of registrants in the country who had later convictions.

At this point, for proper SCOTUS review, we need a case to bring up the 8th amendment first and foremost using the language that compares registration to probation/parole, but I feel the argument that would have even greater weight is an argument stating it’s a bill of attainder. This is one argument I have yet to see in our courts. The argument that is presented to SCOTUS should also declare the AWA and the IML unconstitutional as well. Packingham brings up the argument of first amendment rights as well since Kennedy used the word “parks” when speaking about protected activities.

I found the 4th circuit brief from the petitioner Robin was referring to earlier as well. This seems like a case ripe for a SCOTUS challenge because it challenges the registry on many aspects as a whole. I do wish that it brought up the eighth amendment and the bill of attainder though.