Gundy v. United States

For its third case of the new 2018 term, the Supreme Court heard oral argument for Gundy v. United States, a case concerning the Sex Offender Registration & Notification… read more

For its third case of the new 2018 term, the Supreme Court heard oral argument for Gundy v. United States, a case concerning the Sex Offender Registration & Notification Act (SORNA) and the attorney general’s authority to apply the law retroactively to pre-Act offenders. The man at the center of this case is Herman Avery Gundy. In 2005 he plead guilty to raping an 11-year old girl. He was sentenced to 20 years in prison but 10 of those years were suspended and five were to be probation years. After serving five years, in 2010 he was transferred to federal custody to serve a federal sentence for a different criminal violation. He ended up in a federal facility in Pennsylvania. In 2012, he was transferred to a New York halfway house to serve out the remainder of his term. In 2013, the federal government indicted him under the Sex Offender Notification and Registration Act (SORNA) for failure to register as a sex offender in New York. He was once again convicted. Gundy’s attorney sought to get this case dismissed on the grounds that SORNA couldn’t apply to him. SORNA was enacted in 2006. Gundy was convicted of the sexual offense in 2005. Under SORNA, the attorney general is given the authority to decide whether sex offender registration requirements should apply to those convicted prior to 2006; the attorney general’s position was to apply it to all pre-Act offenders. The Second Circuit ruled in favor of the government and Gundy appealed to the Supreme Court. The justices will only be considering whether under SORNA this authority is improperly given to the attorney general. Lawyers for Gundy argue that SORNA violates the Nondelegation Doctrine, a principle of administrative law that Congress can’t delegate its powers to the agencies. A ruling either way impacts thousands of other individuals and cases. close

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Gundy v. United States

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Program ID:
452416-1
Category:
Public Affairs Event
Format:
Judicial Proceeding
Location:
Washington, District of Columbia, United States
First Aired:
Oct 11, 2018 | 3:39am EDT | C-SPAN 2

Airing Details

  • Oct 11, 2018 | 3:39am EDT | C-SPAN 2
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