https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/09/19-35391.pdf

Great news! The 9th Circuit Court of appeals has fallen in line with the 6th circuit in ruling that retroactive enhancements to the Idaho Sex Offender registry, as applied to individuals whose offenses predate those changes, violates the Ex Post Facto clause.

From the opinion, “Appellants, 134 men and women registered as sex offenders in Idaho, claim that the retroactive application of Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code § 18-8301, et seq. (“SORA”) is unconstitutional. According to the First Amended Complaint, a series of amendments to SORA have heightened registrants’ registration and notification obligations and imposed direct restrictions on registrants’ movement, housing, and employment. Further, all amendments to SORA have been applied retroactively to all Idaho sex offender registrants. Appellants argue that these retroactively imposed provisions are unconstitutional, in part because they violate the Ex Post Facto Clause and the Free Exercise Clause. The district court granted Appellees’ motions to dismiss, dismissing all of Appellants’ claims. Because we find the district court erred in dismissing the ex post facto and free exercise claims, we reverse in part. Additionally, because the district court predicated its dismissal of the Eighth Amendment and double jeopardy claims on its dismissal of the ex post facto claim,we hold that those judgments were also in error, though we reserve judgment on the merits of those claims.”

The following districts are in the 9th Circuit:

1. Alaska
2. Arizona
3. Central District of California
4. Eastern District of California
5. Northern District of California
6. Southern District of California
7. Guam
8. Hawaii
9. Idaho
10. Montana
11. Nevada
12. Northern Mariana Islands
13. Oregon
14. Eastern District of Washington
15. Western District of Washington

Courtesy of Florida Action Committee (FAC)