Reply To: Federal judiciary finally sees light: Restrictions are punishment

Jeremy Heady

I think what’s really important about this decision is that it will lead to overturning Smith v. Doe. If you read the transcript of the argument in Smith v. Doe, registrants did not have to register in person. They were only required to fill out and return a form by mail to the state. The information was not widely distributed online by third party sources. There was also no such thing as range restrictions and liberty restrictions at the time. My biggest fear is that prosecutors and state AGs know that once Smith is overturned, the whole system will fall to pieces, so if they lose in court at the appeals level, they may refuse to raise the argument to the Supreme Court. What it might take is a court to side with the state and the offenders will have to appeal to the higher court. It’s sad that this is how our system works, but a law or decision cannot be overturned without someone claiming injury.