This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioner argued that when Congress uses ordinary words in a statute, they should be given their ordinary meaning.
Petitioner further argued that the present tense in a criminal statute refers to conduct that occurs after the statute was enacted.
Background and question before the Court
Justice Alito asked the petitioner about three interrelated points concerning the textual argument.
Justice Ginsburg asked whether the Attorney General’s determination that the underlying sex offense could have occurred before SORNA was being questioned.
According to Justice Kennedy, justice Kennedy inquired whether registration is generally required even if the offense was committed before the registration act was passed in the State.
Justice Breyer asked whether, at the time SORNA was passed, almost all States had some kind of registration act.
Justice Scalia asked whether after SORNA some States would have less extensive coverage than others.
Justice Breyer also asked about the purpose of SORNA, noting a House report that the statute aims to help locate 100,000 missing people.
- [1] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 3
- [2] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 7
- [3] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 20
- [4] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 20
- [5] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 22
- [6] ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdf, p. 37
What each side argues
Petitioner Position
Petitioner argued that when Congress uses ordinary words in a statute, they should be given their ordinary meaning.
Petitioner further argued that the present tense in a criminal statute refers to conduct that occurs after the statute was enacted.
Respondent Position
Source-limited. The record does not yet support a complete account.
What happened at oral argument
What the Court decided
Why it matters
Congress enacted SORNA because it believed that about 100,000 sex offenders had eluded registration and posed a public‑safety problem.
According to Petitioner, the Court’s interpretation of ordinary words and present‑tense language in SORNA could affect how registration requirements are applied to conduct occurring before and after the statute’s enactment.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- ef3431a79f7e118fc2ce-r1-0273efe9385e019c.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.