Gundy v. United States

Citation. 139 U.S. 2116 (2019)

Brief Fact Summary.

Gundy was convicted violating a sex registration law that was passed after his original conviction.

Synopsis of Rule of Law.

None; there was no majority decision.

Facts.

Gundy was convicted of sexual assault in 2005. The Sex Offender Registration and Notification Act (SORNA) was passed in 2006. Gundy was thereafter required to register is his residencies, but he failed to do so, violating SORNA. He was then indicted, convicted, and sentenced.

Issue.

Does SORNA violate the nondelegation doctrine?

Held.

A plurality held that no, it does not.

Dissent.

Justice Gorsuch (with Roberts and Thomas)

We should use this case to revamp the nondelegation doctrine. SORNA gives the AG power to write his own criminal code.

Concurrence.

Justice Alito

Nondelegation requires another look, but this issue with SORNA should stand.

Discussion.

SORNA was intended to help states communicate about sex offenders. A prior case required the AG to apply SORNA to all pre-Act offenders. The Act, plus the prior case, is an intelligible principle that is sufficient guidance for the AG to enforce the law.