Gundy v. United States
United States Supreme Court
139 S. Ct. 2116 (2019)
- Written by Rose VanHofwegen, JD
Facts
Herman Gundy (defendant) pleaded 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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