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.
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!
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.
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.
The first paragraph is missing the important last two words:
“is unconstitutional.”
(In its current form, the sentence/paragraph is an incomplete statement.)
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.
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/