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Gundy v. United States

United States Supreme Court
139 S. Ct. 2116, 204 L. Ed. 2d 522 (2019)


Gundy v. United States

Facts

Herman Gundy (defendant) pled guilty to sexually assaulting a child in 2005. The next year, Congress enacted the Sex Offender Registration and Notification Act (SORNA), imposing a uniform national registration system for all sex offenders, including those convicted before SORNA’s passage. Congress delegated “the authority to specify the applicability” of the registration requirements to pre-act offenders to the United States attorney general (AG). After his release from prison, Gundy lived in New York without registering there as a sex offender and was convicted for failing to register a few years later. Gundy appealed on multiple grounds, including an argument that Congress could not constitutionally delegate authority to the AG to decide SORNA’s applicability to pre-act offenders. The Supreme Court granted review of the issue.

Rule of Law

Issue

Holding and Reasoning (Kagan, J.)

Concurrence (Alito, J.)

Dissent (Gorsuch, J.)

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