They get called out on trying bury the case because they don’t want to overturn the state’s draconian punishments on sex offenders and just insta-rule against the guy? What unbelievable “justice”.
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The outcome was baked in. He’s lucky he wasn’t lynched.
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Isn’t this the same court that is handling the DOJ appeals on Cannon?
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For them to rubber-stamp it?
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FIFY! 
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Dunno -but it maybe worth a shot since the guy cannot live with his family.
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Glancing at the first couple pages wherein the facts of the case are presented, it seems most of the living restrictions are due to the proximity to childcare and school facilities (as I previously surmised), while there’s no indication that Mr. McGuire was ever a threat to children. These rules seem to exist because pedophiles have to register as sex offenders and all sex offenders are then forced to live under those same restrictions.
It seems absurd to me to impose a rule on someone for whom there’s no evidence it would achieve any public interest and it ends up being nothing but additional punitive punishment to someone who appears to have been a law-abiding citizen for 30 plus years.
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I don’t expect anything but more wasted time and money for him from SCOTUS.
Maybe he should move out of Alabama, assuming he has the wherewithal to do that.
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Anyone else remember macaca?
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or, permission.
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And perhaps that was the hope all along, the plaintiff would die and they wouldn’t have to confirm the institutional racism? Of course the result isn’t a surprise, they could have just saved a lot of time and overturned the decision forever ago
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No, no, no. You must have missed that this was a black man. They would send him away for 1000 years, and after forcing the victim to have the baby, Alabama would do nothing to help either mother or child.
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You know, I will congratulate you TPM on your influence if it wasn’t for the fact that your influence lead to a ruling against somebody who really shouldn’t have been ruled against.
Modest proposal: we need in addition to a sex offender registry, a white collar crimes registry. If you engage in any crime that involves embezzlement, financial crimes, or any other crime and your net worth is over half a million dollars, you must put yourself on the “guys named Brett list.” And when you’re on the “guys name Brett list,” you aren’t allowed to live within 300 ft of a financial institution.
Of course that would be unconstitutional.
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Right?
This part is particularly insulting to ones’ intelligence:
Although the residency and employment restrictions limit where registrants may live or work, we hold that the restrictions do no sufficiently resemble the traditional punishment of banishment to be considered punitive. Registrants are not totally prohibited from entering the exclusion zones that ASORCNA creates. It is true they may not reside, work, or volunteer in the exclusion zones. But they remain able to enter exclusions zones for other purposes.
He argues that the residency and employment restrictions effectively case registrants out of Montgomery because they make approximately 80 percent of the housing stock and 85 percent of the jobs off limits to registrants.
The district court found that the residency and employment restrictions seriously limit registrants’ housing and employment options in Montgomery, and these finds are not clearly erroneous given the evidence in the record. But even so, we cannot say that Mr. McGuire established that the restrictions are so severe that they resemble banishment and effectively cast registrants out of the community. The evidence of the record demonstrates that registrants have remained able to find housing and jobs in Montgomery.
Let’s call this the ‘one house or one job’ standard - if someone can find even one of either then presto its not banishment!
Extra credit if the person is not technically banned from visiting those areas (just activities that would require them to spend more than a few hours there, such as living or working). /s
No wonder they sat on this for seven years…
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Obviously the opinion was written, circulated, and effectively finalized long ago, but no one on the court wanted to take responsibility for it. They issued it today because they knew the delay was going to be publicized.
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This is a modern day sundown law. Oregon, where I’m from, has a long history dating back to statehood with this. 1853, everyone knew that slavery was a litmus test for joining the union. Solution? Not a free state, not a slave state. Nope, you just aren’t allowed to be black here! Problem solved! You can come in but if you stay, well, that’s a punishable offense. And we wonder why the KKK thrived in Oregon.
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Maybe they wanted to delay past november 8th. Any close elections in alabamastan this cycle?
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The current chief judge is William Pryor. TPM reached out to Pryor on Friday for comment prior to publishing its story, but did not hear back.
In other words, Pryor’s lily-white hands remain unsullied.
Nope. Racist as heck.
.
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Now if only someone would listen to Josh about using Dobbs to secure the legislative branch.
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