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7th Circuit Rules on SORNA Constitutionality

By Corey Rayburnyung

The Seventh Circuit, in U.S. v. Dixon, joined the Eighth and Tenth Circuits in reaching the constitutional issues that arise in failure to register prosecutions under SORNA. The opinion is especially notable because it was written by Justice Posner. There is a lot to discuss about the opinion, but overall I am disappointed in the way certain issues were addressed. It seems like something may have been lost in translation in regards to some of the issues involved. In reviewing the Commerce Clause argument, for example, this is what Judge Posner wrote: The remaining arguments made by Dixon (other than a frivolous argument based on the Administrative Procedure Act) are based on the Constitution. Most of them have no merit, such as his contention (made only at oral argument) that the movement of a person as distinct from a thing across state lines is not ?commerce? within the meaning of the Constitution?s commerce clause...continue to full post

Full post as published by Sex Crimes on January 05, 2009 (boomark / email).