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Southern District of Florida Dismisses SORNA Indictment on Commerce Clause Grounds

By Corey Rayburnyung

In contrast to the holdings in the Tenth Circuit, Judge Zloch, in U.S. v. Myers, held that a prosecution under SORNA for failing to register was an unlawful extension of Commerce Clause authority. I was delighted to see the court really took seriously the problems with SORNA under Morrison and Lopez. The opinion weighs in at a hefty eighty-two pages. Here is a key passage distinguishing the USSC's holding in Raich:In contrast to the CSA, SORNA is not a comprehensive economic regulation of an interstate market. Waybright, 561 F. Supp.2d at 1166-67. To be clear, SORNA is comprehensive. It includes provisions governing the national registry requirements for individuals, the duration of the registration requirements, the requirement of registration for sex offenders entering the country, and consequences of states failing to comply with the statute...continue to full post

Full post as published by Sex Crimes on December 09, 2008 (boomark / email).