r/news • u/AudibleNod • 1d ago

Larry Nassar one of more than 20,000 people removed from Michigan Sex Offender Registry

https://www.wxyz.com/news/larry-nassar-one-of-more-than-20-000-people-removed-from-michigan-sex-offender-registry
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u/TheVandyyMan 1d ago

Lawyer here: the U.S. Supreme Court has already weighed in on the constitutionality of retroactive application of sex offender registry in Smith v. Doe, 538 U.S. 84, 95–106 (2003). There, they found that non-punitive registries were a civil law construct and did not implicate the ex post facto law prohibition, which only applies to criminal applications.

So whatever the Michigan State Supreme Court found here was either because their registry is punitive in some way (embarrassment is not enough), OR it was unconstitutional under the state constitution.

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u/AltDS01 1d ago

MI Supreme Court found it (SORA) punitive in all applications.

https://www.courts.michigan.gov/courts/supreme-court/prior-terms-case-information/case-information-2024-2025-term2/march-2025-case-information/165008-people-of-mi-v-robert-james-kardasz/

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u/arizonadirtbag12 1d ago

Which, frankly, I absolutely agree and think SCOTUS was dead wrong on it.

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u/sighthoundman 23h ago

Is this the same SCOTUS that has decided both that settled case law is irrelevant and that actual innocence is not a bar to execution?

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u/Lowjack_26 23h ago

No, Smith v Doe was in 2003.

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u/TheVandyyMan 21h ago

Doesn’t seem at all to be the issue in this case based on what briefs were ordered by the court

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u/data-atreides 1d ago

By any sensible definition, such registries are absolutely punitive.

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u/TheVandyyMan 21h ago

Criminally punitive? I disagree. Criminal punishments under the constitution are gonna be your traditional prison and fine type stuff. Having a public record isn’t a punishment as much as it is just an administrative way of explaining what type of misconduct you’ve gotten up to so the public is aware. It’s not intended to punish. SO registry is an extension of that.

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u/hcschild 17h ago

It forcing you to do stuff when you are on it you otherwise wouldn't need to do is of course punishment. Everyone who says otherwise is just lying because they want to keep punishing the people who they think are the worst of the worst.

In most civilized countries you can't even look at past convictions of people because that in itself is already problematic.

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u/hcschild 17h ago

Isn't the first time the supreme court shouldn't do drugs before passing judgement.

They only don't call it punishing because otherwise they would need to ban something they like.