How a Sex Offender’s Case Before the Supreme Court Could Bring Down the Administrative State…


Date: June 05, 2019

01) How a Sex Offender’s Case Before the Supreme Court Could Bring Down the Administrative State

“Gundy has become a cause célèbre among libertarian legal activists, who see in his case an opening they’ve long sought. The question before the court turns on whether Congress delegated too much of its legislative power. It concerns the 2006 Adam Walsh Child Protection and Safety Act—under which Gundy was convicted—a law named after the kidnapped and murdered child of “America’s Most Wanted” host John Walsh and which established detailed instructions for state governments to maintain sex offender registries. For sex offenders whose original offenses and convictions came before the law was enacted Congress opted to let the Department of Justice set up detailed rules for those registries.

This is where the libertarians and their lawyers have pounced: They argue that Gundy’s case is emblematic of a government that concentrates too much decision-making power in the hands of bureaucrats not directly accountable to the people.”

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