UPDATED: Whatever Happened with McGuire v. Strange???
Once in a while I check the status of McGuire v. Strange (rather, it’s now McGuire v. Marshall, since the governor of Alabama has since changed), a case that has been pending in the 11th Circuit Court of Appeals since 2015. That wasn’t a typo, 2015 is correct.
The McGuire case was one that we wrote about years ago in a post called “Not-So-Sweet-Home Alabama” SEVEN YEARS AGO THIS WEEK! The case is a registration case that we are following closely because it happens to be in the same judicial circuit as Florida.
In 2019 the parties asked for a status update and the Court wrote back, “the appeal remains pending before the Court.” One year ago, the government filed a motion to the Appellate Court essentially saying “please rule on this case”. The Court replied, granting the order, saying, “This case is before the Court on Appellees’ “Motion for Ruling.” This case involves considerable unsettled law and a number of complex issues. Since it was submitted, the Alabama legislature amended the relevant statute. The judges on the panel have expended a great deal of effort and spent considerable time researching and analyzing all of the issues and writing about them. The Court has worked diligently on the case and continues to do so, but more work remains to be done. The Court understands that the parties need a ruling at the earliest practicable time and construes the Attorney General’s June 11, 2021 motion in that way. The motion for a ruling at the earliest practicable time is GRANTED. – ENTERED FOR THE COURT – BY DIRECTION”
That was in August of 2021 – one year ago. Still nothing!!! McGuire was in his 60’s to begin with. It’s as if the court is waiting for him to die of old age so they can rule the case moot and call it a day!
This post is only to update members on the status (or no update) of this case that we are following. If anyone has any insight into what in the world is happening in this case, please share it below. If you don’t have information about this case, please reserve comments.
Justice delayed is justice denied!
UPDATE: FAC sent a letter to the 11th Circuit. A copy of the letter can be viewed here: Letter to the 11th RE McGuire
I have no information but just can’t restrain myself from typing. This FAC update is so good and relevant, and the circuit court’s mercurial behavior infuriating!
It’s tempting to speculate, but I won’t. We already expend too much energy trying to read courts’ minds.
Has anyone else here ever seen a delay this long from the Federal Circuit Court of Appeals?
NEVER – and I track many cases.
In the 11th, the median time from appellee’s brief to oral argument in civil appeals terminated on the merits in the Eleventh Circuit was 3.0 months, and from notice of appeal to decision was 9.7 months.
I can also speculate why they are dragging their feet but I don’t think I need to say why, because everyone is thinking the same thing.
Don’t these folks have lifetime appointments? What are they afraid of? A lost Supreme Court nomination?
Let me give you this analogy… when my kid doesn’t want to turn off the iPad I tell him, if you don’t turn it off by the count of 10 you’re losing it for a week. Start counting!
1, 2, 3, … 8, eight and a quarter, eight and a half, eight and three quarters…
When someone knows the law requires they do something they don’t want to do you stretch it out as long as you can.
No, this court is more like MY kid, who when told to get off iPad says “ok” and then proceeds on as if she was told nothing
I sent an email to The Appeal to see if they would run an article on this. I’ll let you know if I hear from them. (They have a summit freelance section if you want to pitch them a story)
What I sent: I was hoping you could run a piece on McGuire vs Strange or McGuire vs Marshall as time is now know.
For SEVEN years Mr. Micheal McGuire case has been pending before the 11th Circuit of Appeals. That is 2015 when it was first heard, since then the court has refused to rule on the verdict. The case involves a man (McGuire) who committed a sexual offense before SORNA (Sex Offender Registration and Notification Act) was passed, but is still subject to its laws.
This man has been waiting 7 plus years for the 11th Circuit to make a ruling. What is to be done when a Court doesn’t want to rule?
The case carries weight since the 11th Circuit is home to some of the harshness restrictions placed upon people who committed a sexual offense with the noose tightening every year, this case would show that it is punishment perhaps that is why they’re not ruling on it.
“Thank you so much for sending us this information. I will share it with the editorial team to see if anyone is available to pursue it.”
Take care,
Elizabeth
From The Appeal Magazine. I hope they pursue it.
I see on July 6, 2022 Judge Watkins denied the defendants motion I assume to ask for clarification on a few things. I can send you the link if you want
That’s just one of the the Governor’s attorneys withdrawing. So many have come and gone from this case in the time it’s been pending.
What about a writ of mandamus from SCOTUS? Won’t surprise me if the post gets blocked too. Have at it.
I just want to say thank you for keeping up on all of this and keeping us informed.
I donated to various FAC legal challenges. Is there a reason FAC doesn’t file or start any lawsuits under their name?
Association standing is another hurdle to overcome. Having a representative plaintiff (or plaintiffs) is one less battle in these challenges.