Hypothetical Problem (for
class on Thursday February 12):
The constitutionality of
SORNA is being reviewed by the United States Supreme Court. The
Court has agreed to consider whether SORNA is an unconstitutional
exercise of Congress’s power to regulate interstate commerce.
If your last name begins with the letters A-L, your job is to identify
the arguments that could be made by the defendant in arguing that SORNA
is unconstitutional. If your last name begins with the letters
M-Z, your job is to identify the arguments that could be made by the
federal government in arguing that SORNA is constitutional. Both
sides should also figure out how to respond to the arguments that they
anticipate the other side will make.
Update: Today's (February 9) New York Times has a front page story about this statute, both
the aspect being challenged under the Commerce Clause as well as other
aspects of the law.