Reply To: NARSOL calls on Zuckerberg, Facebook to change policy


With all due respect, I think you are wrong. Sessions, or whoever takes his place when Trump gets pissed and fires him, will be irrelevant. The government’s case for sex offender registries has always been the “frightening and high” danger of sex offender recidivism. That is the federal government’s only card to play. Hell, Sessions’ highly punitive nature may actually work in our favor. The justices may very well see just how punitive these registries have become.

The ruling against Michigan’s registry was based largely (if not solely) on statistical evidence that shows low sexual offense recidivism rates among convicted, and therefore registered, offenders. That data will be central to the Does’ arguments in the case. The state and federal governments can only do what NC tried to do in Packingham: “But these are SEX OFFENDERS.” The court has demonstrated with Packingham that the states no longer have carte blanche authority to oppress people who have served their sentence and are no longer under supervision.

My only fear right now in the Snyder case is if Kennedy decides to step down or if one of the more liberal judges retires or passes away. That would give Trump another spot on the bench to fill.