By Peter J. Wallison . . . Gundy v. United States is not listed in most media accounts of important matters now before the Supreme Court, yet this case could profoundly change how courts intervene to preserve the constitutional separation of powers in the future. Involving just one individual petitioner, Herman Avery Gundy, and only one issue — how to interpret…
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By Aaron J. Marcus . . . Two years ago, the Pennsylvania Supreme Court shook up long-settled orthodoxy by ruling that the state’s sex offender registration law, otherwise known as SORNA (Sexual Offender Registration and Notification Act) was punishment. The case, Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2018), presented the Court with two questions: whether people who committed their crimes before the…
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By Larry . . . We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential decision on February 27th that has the potential to be significant going forward. See Piasecki v. Court of Common Pleas,…
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By Michael M . . . When SORNA (Sex Offender Registration Notification Act, aka Title I of the Adam Walsh Child Protection and Safety Act of 2006) required the states to establish comprehensive minimum standards for their state sex offender registries, it created an unfunded mandate that left many states scrambling to comply or lose Byrne Justice Assistance Grant (JAG) funding…
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By Jesse Kelley . . . The Bureau of Justice Statistics reports that at least 95 percent of all state prisoners will be released from prison at some point. However, convicted sex-offenders almost exclusively face the vengeful, additional punishment of registration under the Sex Offender Registry and Notification Act (SORNA). Generally, under SORNA, an individual who is required to register as a sex…
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By Paula Reed Ward . . . A bill introduced this week in Harrisburg attempts to fix flaws in the state’s sex-offender registration system identified in a Pennsylvania Supreme Court decision in July and could affect more than 10,000 registrants. Bill sponsor Rep. Ron Marsico, R-Dauphin, called it “imperative” to amend the law. “We have worked hard to come up with a…
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By Eric Scicchitano . . . A panel of appellate judges ruled last week that Pennsylvania’s established process to designate a convicted sex offender as a “sexually violent predator” is unconstitutional. The Superior Court decision in a Butler County case found that the process — the designation carries lifetime registry and counseling under the state’s Megan’s Law — should not…
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By Will Bassler . . . International Meagan’s Law makes passports for registered citizens only valid for 1 year (instead of 10). in violation of the 14th amendment equal protection clause. The law requires registered citizens to report all their travel itinerary directly to the department responsible 21 days prior to international travel. Failure to do so is cause for…
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Pittsburgh Post-Gazette Editorial Board . . . The state Supreme Court has thrown into question the registration of as many as 4,500 sex offenders statewide. The case giving rise to the ruling originated in Cumberland County, and officials there have 90 days to appeal to the U.S. Supreme Court. They should file the appeal to gain clarity on two important…
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By Robin . . . Claiming that the Solicitor General’s amicus brief is unpersuasive, Michigan’s Attorney General, Bill Schuette, has filed a supplemental brief in reply. The Solicitor General filed a brief in early July at the request of the Supreme Court which sought to hear the federal government’s perspective on Snyder v. Doe (a pending petition from Michigan seeking…
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