Archive | delegation

Friday, June 21st, 2019

A SCOTUS plurality holds that Congress authorizing the U.S. Attorney General  “to specify the applicability” of  SORNA’s registration requirements to people convicted before SORNA was enacted (in 2006), is not an unconstitutional delegation of legislative authority under Article I, § 1 of the Constitution.

Yesterday, in Gundy v. United States, Sup. Ct. No. 17-6086, 2019 WL 2527473 (June 20, 2019), a case out of the Second Circuit, a plurality of the Supreme Court held that 34 U.S.C. § 20913(d) — which authorizes the U.S. Attorney General “to specify the applicability” of the registration requirements of the Sex Offender Registration and Notification Act (“SORNA”) to people convicted before the statute’s enactment (in 2006) — is not an unconstitutional delegation of legislative authority.

The lead opinion was written by Justice Kagan, joined by Justices Breyer, Ginsburg, and Sotomayor. See Opinion (“Op.”) at 1-18. Justice Alito filed a short, one-page, opinion “concurring in the judgment.” Concurrence, Alito, J., at 1. And Justice Gorsuch filed a dissenting opinion that was joined by Chief Justice Roberts and Justice Thomas. Dissent, Gorsuch, J., at 1-33. Justice Kavanaugh did not participate in the decision since he was not on the …

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Categories: delegation, Sex offender registration

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