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Florida District Court Strikes Down Registry Provisions of AWA on Commerce Clause Grounds

By Corey Rayburnyung

I never blog on weekends, but since everyone else is beating me to the punch on a big story that I was going to blog about on Monday, I had to chime in.  The title of the post says it all, but here is the link to the full opinion in United States v. Powers.  These were Doug Berman's initial thoughts:The government will surely appeal this ruling, and I know some other district courts have already upheld the constitutionality of these provisions of the AWA.  It will only be a matter of time before we get some circuit law (and perhaps some circuit splits) on the reach and application of the AWA.  Stay tuned.I'm a little more optimistic in this case than I often am regarding sex offender law decisions. No court has ever considered whether the jurisdictional language of the AWA is limited enough to survive constitutional scrutiny...continue to full post

Full post as published by Sex Crimes on April 20, 2008 (boomark / email).