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What Does Comstock Mean for SORNA?

By Corey Rayburnyung

With the 4th Circuit's opinion in Comstock striking down part of the AWA on Commerce Clause grounds, a logical question is whether the decision has any relevance as to other parts of the AWA, mainly SORNA. In a recent 4th Circuit argument, that seems to have been the focus:At arguments before the 4th Circuit today in Richmond, Va., appellant Brian L. Gould?s lawyer also is expected to raise a Commerce Clause argument against the Sexual Offender Registration and Notification Act, which Congress passed as part of the Walsh Act in 2006. ?If this interpretation of [the Sexual Offender Registration and Notification Act] is accepted, the Act lies beyond Congress?s authority under the Commerce Clause,? the attorney, assistant federal public defender Paresh S...continue to full post

Full post as published by Sex Crimes on January 29, 2009 (boomark / email).