Bench Memos

This Day in Liberal Judicial Activism—April 9

2001—A Ninth Circuit panel, in an opinion by Stephen Reinhardt, rules in Doe v. Otte that application of Alaska’s Sex Offender Registration Act (commonly termed a “Megan’s Law”) to those whose crimes were committed before enactment of the Act violates the constitutional bar on ex post facto punishments. The Act requires sex offenders in the state to register with law-enforcement authorities, and it provides that a central registry of information about offenders will be made public. The Ninth Circuit concludes that the Act imposes criminal punishment and therefore may not be applied retroactively.

On review (styled Smith v. Doe), the Supreme Court in March 2003 reverses the Ninth Circuit by a 6 to 3 vote (with Stevens, Ginsburg, and Breyer in dissent). The Act, the Court determines, creates a regulatory scheme that is civil and nonpunitive. In his 39th and final argument before the Supreme Court, the attorney for Alaska, a fellow by the name of John G. Roberts, Jr., marks his last victory as an advocate.

Most Popular

White House

Out of Order

A  question in the spirit of Donald Trump’s tweets this morning might be: Who’s trying harder to crash U.S. markets, the president of the United States or the president of China? After Federal Reserve chairman Jerome Powell didn’t forecast the loosening of monetary policy that Trump craves and China ... Read More
Film & TV

Netflix Debuts Its Obama Manifesto

This week’s widespread media blitz heralding Netflix’s broadcast of its first Obama-endorsed presentation, American Factory, was more than synchronicity. It felt as though U.S. publicists and journalists collectively exhaled their relief at finally regaining the bully pulpit. Reviews of American Factory, a ... Read More
Politics & Policy

Capital versus Tucker Carlson

Advertisers do not advertise on Tucker Carlson’s show to endorse the views of Tucker Carlson. They advertise on his show for the same reason they advertise elsewhere: a captive audience — in Tucker’s case, the second-largest one in cable news — might spare thirty seconds of attention that will, they hope, ... Read More
Natural Law

Are Your Sexual Preferences Transphobic?

Last year, a study exploring “transgender exclusion from the world of dating” was published in the Journal of Social and Personal Relationships. Of nearly 1,000 participants, the overwhelming majority, 87.5 percent, irrespective of their sexual preference, said they would not consider dating a trans person, ... Read More