Reply To: Sixth Circuit rejects Michigan residency & premises restrictions

#9428
Avatar
And another thing…

Yes people, this is a tremendous ruling by the 6th Circuit. Justices Batchelder, Merritt & Donald stood up for the US Constitution and the rule of law—they stood up for fair and equal justice. These Justices should be hailed as heros in the SO community nationwide. I read the opinion, Justice Batchelder’s reasoning, logic and application of the law was spot on. Sex offender laws is in effect PUNISHMENT and do in fact violate: Ex Post Facto (when applied retroactively), Due Process (Substantive & Procedural) and Equal Protection. One could even say Crual & Unusal Punishment. I seriously hope this ruling causes a nationwide tsunami of similar litigation. Now, here are a few interesting scenarios to think about: Will the AG of Michigan appeal this ruling to US Supreme Court? If so, will there still be 8 Justices on the Court or will the case not get there until after this current presidential election is over and the new Prez gets to appoint a liberal or conservative to the Court. Does John Roberts recuse himself since he argued the Smith case in 2003? Will Justice Kennedy get confronted about his false (my opinion, bald face lie) assertion of a “Frigthening and High” recidivism rate among SOs? Or, and here is a real interesting thought, could the Court decline to hear the case if the AG does appeal and thereby allow the ruling to affect on MI SOs? Chew on that one for a minute. I ask because I just can’t see the Court NOT affirming the judgement of the 6th Circuit on this on. Yes, they overturned the AK Court (AK court ruled AK’s SO laws unconstitutional) back in ’03 with the Smith decision holding AK’s model non-punitive. But that was then, this is now, and a person would have to be either mentally retarded or just hell bent on keeping these laws in place to say that they ARE NOT punishment today. So this is going to be very interesting going forward. I really want the AG of Michigan to appeal this ruling to the US Supreme Court and for this Court to go ahead and finally uphold the US Constitution on Ex Post Facto, Due Process and Equal Protection. But if they hear this case and overturn the 6th Circuit ruling then my friends there is something very ominous going on behind the scene in this Country bigger than what we can see and if so I predict that this country will be a “Totalitarian” state within 20 years.