- The Washington Times - Monday, March 5, 2018

The Supreme Court said Monday it will hear a case involving a man who says he shouldn’t have to be on the sex offender registry because his conviction came before the 2006 federal mandatory listing law was enacted.

Congress, in writing the law, gave the attorney general the authority to decide when the registration requirements kicked in, and the Bush administration said it should apply to all sex offenders — including those whose convictions predated enactment.

But Herman Avery Gundy, a Hagerstown man who was convicted of sodomizing an 11-year-old girl in 2004, is challenging the Sex Offender Registration and Notification Act (SORNA), saying Congress delegated too much power to the attorney general, in violation of the Constitution. Gundy argues SORNA shouldn’t apply to sex offenders who were convicted prior to the law’s enactment in 2006.

“The authority to legislate is entrusted solely to Congress,” Gundy said in his appeal.

The case will likely be argued next term once the justices return from their summer recess in October.



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