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04-Jul-2020 01:38

SORNA did not itself specify whether pre-SORNA offenders were required to register.It instead authorized the attorney general of the United States to “specify the applicability” of SORNA’s registration requirement to “sex offenders convicted before” the date of SORNA’s enactment, and “to prescribe rules for the registration of any such sex offenders and for other categories of sex offenders who are unable to comply” with the registration requirement.Nor, in the government’s view, does SORNA’s delegation offend the principle that only Congress may define crimes: Although a law that authorized the executive “to create new federal crimes out of whole cloth” would “raise substantial constitutional questions,” in SORNA “Congress itself established the new crime of failing to register” and created a “civil registration requirement,” and although the attorney general’s rules “implement that civil registration regime[,] they do not define any criminal offense.” The government closes its brief by stressing that the court should not depart from long-established precedents that allow Congress to give the executive the discretion to make determinations that affect private-party conduct, “so long as Congress is clear about its general policy.” How the Supreme Court chooses to decide this case could have potentially sweeping implications on several scores.

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One provision of SORNA created a requirement that a convicted sex offender register with every jurisdiction in which he resides, works or studies, as well as in the jurisdiction in which he was convicted.Later that year, he was arrested and indicted for violating SORNA for failure to register as a sex offender upon traveling to New York from Pennsylvania. Gundy argues that “an originalist interpretation of the Constitution” flatly forbids such a delegation of legislative power.