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Eighth Circuit Issues New SORNA Opinion

By Corey Rayburnyung

I was a bit disappointed with the Eighth Circuit's opinion in United States v. May because it didn't address in depth the legitimate constitutional arguments against SORNA prosecutions. To some degree the court's opinion in United States v. Howell cures the deficiencies of May. The focus of the Howell opinion was almost entirely the Commerce Clause arguments. Ultimately, the Eighth Circuit found in favor of the government, but the opinion is a more sophisticated discussion of the issues involved than has been offered in prior federal appellate court opinions. At the outset, the Howell court was bound by the May opinion which prevented a finding that 2250 (the crime of failing to register) was an unlawful exercise of federal jurisdiction: Thomas and Howell first contend § 2250 does not have a sufficient nexus to interstate commerce to be authorized by the commerce clause...continue to full post

Full post as published by Sex Crimes on January 15, 2009 (boomark / email).