Since the publication of this article by Prof. Ellman in a 2015 edition of Constitutional Commentary, the legal community representing constitutional claims on behalf of registered citizens have been gunning for a showdown with McKune v. Lile. McKune is the 2002 Supreme Court case which contained the “frightening and high” language used by Justice Kennedy in describing recidivism rates among sex offenders. Justice Kennedy’s reliance upon an article published in a 1986 edition of Psychology Today was the culprit of what really became the touchstone for every prosecutor’s theory regarding repeat offenses. The McKune case has polluted the waters ever since and is definitely under scope. I would not be surprised to hear a healthy discussion about its misgivings at oral argument for Packingham.