SCOTUS Denies Cert in Louisiana Drivers’ License Case
This is good news!
The US Supreme Court has denied Certiorari (refused to take up) an appeal from the State of Louisiana to their State Supreme Court’s Court decision that upheld a lower Court’s ruling that branding the licenses of persons required to register with “SEX OFFENDER”.
In refusing to hear the case, the SCOTUS is effectively ruling that the the State Supreme Court decision stands.
Louisiana was one of fewer than a dozen states (Florida included) that branded the driver’s licenses of persons required to register. While it would have been even better for the SCOTUS to take up the case, making a binding precedent for the entire country, this outcome is a close second.
Does this affect FL at all? Does it help the cases FAC has in play in the 11th Circuit?
It helps prevent the FL legislature from branding “SEXUAL OFFENDER” on 30,000 licenses, although it will continue to brand “SEXUAL PREDATOR” on a subset.
Thanks, Jacob. Does it affect the current statute identification on the FL DL?
It actually has zero effect in Florida, or any other state. This was a decision by the Louisiana SC regarding Louisiana law. Florida, or any other state, can put whatever it chooses on driver licenses until its high court decides otherwise. I believe a state is then allowed to appeal directly to the U.S. Supreme Court, as did Louisiana.
It is great for those in Louisiana, and is an encouraging result in a state known for being relentless.
Veritas.
while not binding, it’s persuasive.
I’d imagine that if one or more of the people forced to register who has the predator marking on their DL/ID filed a case to challenge the marking using the LA and AL cases, they could have a viable challenge to having it removed/changed to a code (least restrictive) and possibly on the back of the DL/ID. Just need someone(s) to step forward…
Be nice to slam the door on any sex offender language too even though that’s not written on the DL/ID.
Not sure if this would fit under equal protection between people convicted of a sex crime but the text and 1st Amend may be enough.
https://floridaactioncommittee.org/question/drivers-license/
https://floridaactioncommittee.org/warning-get-arrested-obscuring-sexual-predator-stamp-florida-drivers-license/
Hello! The sentence is incomplete and a heavy cliff hanger:
“… ruling that branding the licenses of persons required to register with “SEX OFFENDER” is _______.”
It sounds like the _____ is “unconstitutional.” That’s what I hope at least.
UPDATE: I was close. Here’s a live link:
https://www.theadvocate.com/acadiana/news/courts/article_fd80d486-2527-11ec-ac27-a7928c04785c.html
Unless there is a connection with the federal constitution or a federal law, SCOTUS will not intercede to rule on a state’s high court decision. If the Louisiana SC decision was based solely on its state’s constitution, I don’t even think SCOTUS would have jurisdiction to overrule the decision. I’m not a lawyer, but that is my impression of the limits imposed by our system of federalism.
The first paragraph is missing the important last two words:
“is unconstitutional.”
(In its current form, the sentence/paragraph is an incomplete statement.)
Had SCOTUS taken the case and reversed, that would have been very bad.
Had they taken it and upheld, that might have made marked passports vulnerable as well. But we can save that fight for another day.
Good news. I think anyway, I would rather have this than the off chance they would vote the other way if they took the case. Hopefully this will turn into a great stepping stone.
As a Kindly Reminder,
Writs of Cert, mostly are denied, as we all know!
Perhaps this is a ‘STAYED’ ‘VICTORY’!
But, who really KNOWS
…Less Negativity and some Positivity!
Not an attorney so if FAC posts an opinion that this is good and as they have access to persons with law knowledge…that is good enough for me. Glad to hear good news!
Didn’t Florida’s legislature consider putting Sex Offenders on licenses? One of the reasons why I decided to move. Having the statue is one thing, but having the word branded across my license was another.
It depends on the individual. If you are classified as an offender you simply get the statute number on the bottom. If you are classified as a predator, you get the words on your license.
Bill
For some reason I thought Florida’s legislature wanted Sex Offender on licenses 2 or 3 years ago. If I’m wrong, I’m wrong and anything is a teachable moment.
Brandon
They were going to do that and I was scared crapless. When I got my new license a few months back (It renews every 7 years) it still had just the statue. AND they had talked about making the statue LARGER on the license but mine seems even smaller than the old one.
A few years ago I got pulled over and the cop didn’t even see the statue and only mentioned sex offense after running my license for wants and warrants. Even after speeding and seeing I had a previous sex offense, he let me off with a warning.
*It may have been because I am ex law enforcement and showed him my police academy card and thanked him for his service to the community and wished him safety on the road. If your not a prick to most cops, they are usually cool. Not always though.
CherokeeJack
I’m glad your license didn’t have your status in bold for all to see. Hopefully the statue will become even smaller and eventually be obsolete. I never understood the purpose of branded licenses except for minors, but if a clerk can’t figure out a person’s age they should find a new job.
As a former cop you should know not to speed or you did you have to pee.
Thanks for the laughs and making me think outside of the box.
Florida brands offender licenses in bold “Sex Offender” or “Sexual Predator”. The ACLU and, so far, Florida action committee has refused to file on this issue. Only issues that directly affect them!
I’m not sure what to make of this comment.
First, Offenders have the statute number, not bold “Sex Offender” and second, FAC does not refuse to file on this issue because (a) we are not a law firm nor attorneys, and (b) if you, David, can put together the funding for a lawsuit, we will gladly spearhead it.
Question: Who chooses what FAC seeks funding for as it relates to acquiring attorney to represent the chosen issues? Furthermore, like most offenders I am unemployed and do not have the funds to provide for “Spearheading” by FAC. This statement made absolutely no sense coming from a organization that is well aware of hosing and employment limitations on offenders, as evidenced by your site. Furthermore, if I had the ability to provide funding I would seek out a reputable law firm.
Also, FAC, some people still may not be aware that we already have two active challenges to the FL registry IN ITS ENTIRETY, even though it’s currently in neon green at the top of your website.
Members may not want to invest $25k to combat ‘943.0435, F.S.’ brand alone.
Also we don’t raise funds to acquire attorneys. We raise funds for expert witnesses, transcript fees, and filing fees. The attorneys take on these cases at their own risk and get paid if they prevail.
David you are not correct
From the states website and MY drivers license, it does NOT say sex offender.
Here is from the states website
Sexual predators will have “Sexual Predator” spelled out on the card, while sexual offenders have “943.0435, F.S.” listed in this area.
The Louisiana attorney general’s office has already said they are going to try and get the legislature to create a new bill to address this.
So, four courts (district, appeals, Louisiana supreme, & US Supreme) AND a legislative subcommittee have basically said it is unconstitutional. Yet they are STILL going to re-word it to get it back on the licenses. They have lost FIVE times, and just won’t stop.
Louisiana atty general said what??
Citation?
“We are certainly disappointed that the Supreme Court denied the writ and we hope the Legislature will take this up as soon as possible,” said Cory Dennis, Attorney General Jeff Landry’s spokesman.
@Mig
They have been shown what is the least restrictive way to ID those people forced to register, e.g. code or statute, which will pass judicial muster because verbiage won’t as seen in this case. It is their prerogative to do that if they want.
Also, there are political capital points in play here if those in office want to be re-elected. Despite losing, there is the effort they put forth.
My mistake. Although a branded licence is still a branded licence and a violation of the first amendments compelled speech, where a simple letter is sufficient. That in and of itself is the issue addressed here.
‘943.0435, F.S.’ is compelled speech, but a simple letter is not?
David
I agree, however I will take a statue on my license over the alternative any day. But even if they took that off, the info still pops up anywhere your license is scanned. When I got a new license the clerk yelled at the top of her lungs “Did you know you were a sex offender?”.
It is a wonder I made it to my vehicle without being killed. You could have heard a pin drop in there after that. One of the top ten moments of my life that I actually thought I was toast. I just got my license renewed again last year and the clerk never said a word. Same place, different clerk. This time it was an older sweet lady and she made my day.