SCOTUS to consider two sex offender cases today.
Starting today, the US Supreme Court will be considering a list of cases that have requested review by the highest court in the country.
Among them are two cases relevant to sex offender issues;
Karsjens v. Piper. This is a class challenge to Minnesota’s controversial civil commitment regime.
Snyder v. Doe. The State of Michigan filed a petition seeking review of the Sixth Circuit’s legal determination that the retroactive application of the sex offender registration laws constituted ex post facto punishment.
The SCOTUS should come back with a response relatively quickly as to whether they will elect to hear these cases or not. If they refuse to hear the cases, the decision of the lower court stands. If they elect to hear the case, the decision will become the law across the US.
A decision is expected by Thursday.
Exciting and nerve racking times…. would this have any effect on us in florida? Would this help us?
If SCOTUS refuses to hear the MI case, what impact would that have on other states? could this snowball and challenge the constitutionality of ex-post facto nation wide?
what is best for our cause ?? i dont mean to sound ignorant, but i’m not very well versed on legal matters such as this
That’s a good question.
Rather then answer “what’s best”, let’s consider the possible outcomes.
The BEST possible outcome is the SCOTUS picks it up, rules in favor of “Doe” and the huge victory that benefited the 6th Circuit (Michigan, Kentucky, Tennessee and Ohio) will become the law for the entire US.
The WORST possible outcome is the SCOTUS picks it up, overturns the 6th circuit, nobody gets any relief (including those in the 6th Circuit).
The OTHER possible outcome is the SCOTUS denies to hear it, which means that the 6th Circuit decision is Final and remains the law in the 6th Circuit and other judicial circuits can use the 6th Circuit decision as persuasive precedent.
At this point, if win or lose you just want to get definitive and final closure on this issue throughout the land, you want them to pick up the case. If you don’t like the potential risk and feel that by not taking the case and allowing the 6th Cir decision to stand, is good persuasive authority to bring a similar suit in the 10 other circuits, you don’t want them to pick it up.
I like the first possible outcome. The 3rd possible outcome in which they deny and we can use it to fight our own battles is fine too. But would rather risk SCOTUS accept and with one stroke make it national in our favor, because the 6th circuit judge in her Snyder opinion mentioned at the end that even though the ruling was on ex post facto, there are other important factors there to be addressed that are in violation of registrants. They just couldn’t address it. Hope SCOTUS knows this and becomes the reason they have to accept it and address it.
Scotus can only touch the issues presented, not additional stuff.
That’s why we were waiting to see what happens here for our own Ex Post Facto.
Praying for “Best case scenario.” Mom recently diagnosed with Alzheimer’s; Father has had two strokes and heart attack. Had planned to move my wife and children from floriduh if SCOTUS denied cert; struggling mightily with the feeling that I would be abandoning my parents by doing so.
Tragic that one is placed in a position to fell as if they are abandoning those they love dearly in order to have faith in the idea that equality under the law should be applied to everyone, and to protect their young children from potential psychological harm related to a crime that occurred 26 years before they were born, as well as a faithful wife that feels as if she is being punished for crime committed 12 years prior to our marriage. It weighs so heavily on my family, and the decisions I must make regarding their well-being.
Thanks for FAC/ACLU in trying to ensure folks don’t have to face these painful dilemmas.
My question is will the justices have the courage to apply the constitution without fear of public outcry.
If someone wants to read more about the Karsjens case, read this article from Reason:
http://reason.com/blog/2017/09/25/is-minnesotas-indefinite-detention-of-se
This group will leave banishment to the States
Jm,
floriduh will only be helped if SCOTUS hears the case and rules in favor of “Doe.” It then becomes supreme law of the land for all those similarly situated.
If SCOTUS refuses to hear the case, floriduh will continue along as it always has, and probably feel as if it has a green light to further punish at will those on its registry. Then the only hope as to fascist floriduh is the class action being brought by FAC.
I cited the 6th district in original sentencing court seeking declaratory relief and/or withdraw of original plea in 1992, and was denied. The state didn’t even bother to address the 6th District’s ruling in it’s response to my judge.
Best of luck in your endeavor to regain your freedom.