ACSOL: SORNA Regulations Preliminary Injunction Hearing to Be Conducted on Monday Sept 26
Source: ACSOL
In another surprising ruling, the federal district court judge has decided to conduct a hearing on the pending preliminary injunction motion in the SORNA regulations case. The judge made this decision earlier today despite the fact that both parties had agreed to waive oral argument.
The hearing will be held on Monday, September 26 starting at 9 a.m. PST
This is only an injunction hearing, though pretty significant. More interesting will be the full SORNA hearing, whenever they get around to it. Guessing the state will want to get into that pretty quickly if they lose here. And I personally hope that it gets appealed to SCOTUS, regardless of who prevails.
What do you mean? Which state? The suit is against the United States Department of Justice. And what do you mean by you hope it gets appealed to SCOTUS? How would it bypass the 9th Circuit?
When I say the state, I mean the government – force of habit.
OF course it wouldn’t bypass the 9th circuit court. But from what I’ve seen, circuit courts overruling district courts isn’t very common, though it probably happens more in SORNA cases than anything else. On the other hand, the 9th has ruled against the government more than any other circuit, as far as I can tell.
Appeals to the 9th circuit are certain, regardless of the outcome in the district court. Should ACSOL and the PLF prevail there, appeal to SCOTUS is all but certain and has a much better chance of being heard there. But if they don’t, I presume (and hope I’m wrong) that the issue will die there; I don’t know that Janice, et al have the resources to take the case to SCOTUS, and the odds of the case being heard are consiferably less.
To me, the worst thing that could happen is the DOJ removing two commas and a period from their rules and claim it was modified to make it constitutional enough to bypass any favorable ruling to us and having to start the whole thing all over again.
I’m sorry, what case are you referring to exactly? Thanks.
You can read the complaint here: https://floridaactioncommittee.org/wp-content/uploads/2022/09/PLF-Complaint-5_22-cv-00855-ACSOL-v-Garland.pdf
Unable to determine which court is hearing this on 9/26. Please advise.
A federal district court in California.