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Oral Argument in Carr

By Corey Rayburnyung

The oral argument not particularly noteworthy in terms of argument advancement. I was surprised at several points where the justices didn't seem to know some basic points about the background of the case. Justice Breyer didn't know that every state had a sex offender registry even though that was the case when the Court decided Smith v. Doeyears ago. And everyone was focusing on the purposes of SORNA in a very basic sense. I think the most interesting exchange in the argument was when Justice Scalia was pressing the government: JUSTICE SCALIA: I don't know where you get that from. I can understand how you can say, which is what Mr. Rothfeld says, that it has to follow the requirement to register. That's the way the statute reads: Whoever, one, is required to register, not whoever has committed an offense that -- that would later justify registration...continue to full post

Full post as published by Sex Crimes on February 24, 2010 (boomark / email).