INDIVIDUAL LIBERTY

Issues

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In this case, the Supreme Court will decide whether Congress, in passing the Sex Offender Registration Notification Act (“SORNA”), violated the non-delegation doctrine in allowing the Attorney General to define and implement how the Act applies to sex offenders who committed offenses prior to SORNA’s implementation. The United States argues that Congress’s grant of power to the Executive is constitutional if Congress provides a guiding principle explaining SORNA’s general policy and guidelines for its implementation. The United States contends that Congress did provide these requirements when it explained that SORNA requires sex offenders to register “to the maximum extent feasible.” Gundy, however, argues that Congress gave the Executive no direction on how to apply SORNA to sex offenders who committed acts prior to the implementation of SORNA. It contends that Congress granted the Executive unconstrained power to define when and how SORNA applies to these “pre-SORNA” sex offenders. A decision for the United States could promote public safety and ensure a more comprehensive national sex offender registration system. A decision for Gundy could ensure Congress does not overdelegate its authority nor threaten individual liberties.

Questions as Framed for the Court by the Parties

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