Reply To: Supreme Court asks for input of Solicitor General; what does this mean?

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Michael

A Solicitor General typically files a response to a CVSG 3 times a year; May, August and December.

Not sure where you are getting 5 “tough on crime” Justices. Gorsuch, although a Rightist, isn’t a shoe-in on a pass to the state of Michigan. Again, he dissented in United States v. Nichols, which was a SORNA case.

Gorsuch: “Beyond this matter of statutory interpretation, though, lies a constitutional question that deserves more notice. If the separation of powers means anything, it must mean that the prosecutor isn’t allowed to define the crimes he gets to enforce. Yet, that’s precisely the arrangement the Sex Offender Registration and Notification Act purports to allow in this case and a great many more like it.”

Judge Gorsuch’s decisions on the 10th Circuit

In Nichols, Gorsuch highlighted an underlying constitutional question: was it permissible for SORNA to delegate to the AG the authority to decide whether and when sex offenders convicted before the date of SORNA’s enactment were required to comply with the law’s registration requirements. His response to that question was that a law like SORNA that would have Congress “effectively pass off to the prosecutor the job of defining the very crime [i.e., nonregistration] he is responsible for enforcing” is “[b]y any plausible measure … a delegation run riot, a result inimical to the people’s liberty and our constitutional design.”

I don’t know how he could rule on the side of Michigan in this case.

Also noteworthy is that shortly after the Sixth Circuit’s ruling, Michigan formally requested that SCOTUS stay the effect of the Snyder ruling, a request which was rejected, because there was either not a substantial question or because there was no good cause for the stay. At any rate, I think we’ll see SCOTUS take up review of Doe.

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