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
The United States argues that Congress has authority under the Necessary and Proper Clause to impose civil registration requirements on federal sex offenders as a means of protecting public safety.
According to United States, convicted sex offenders pose a serious threat to public safety, justifying such federal sanctions.
Background and question before the Court
The Court must decide the scope of Congress’s power to impose registration requirements on individuals convicted of federal crimes, including sex offenses, after they have completed their sentences.
The Fifth Circuit previously held that Congress’s authority ends once the individual completes his criminal sentence.
What each side argues
United States (Petitioner)
According to United States, congress may impose both criminal and civil sanctions for federal sex offender convictions to protect the public.
According to United States, the authority to impose such requirements is grounded in the Necessary and Proper Clause.
According to United States, the situation differs from the Comstock case because the federal government is not the source of the problem in incarcerating sex offenders away from the states.
According to Ms. Fuentes, sORNA illustrates how registration works today and supports the United States’ position.
According to Ms. Fuentes, registration can be imposed only if the provision was part of the sentence or while the individual remained under federal jurisdiction.
Anthony James Kebodeaux (Respondent)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Sotomayor asked: “What’s the limit of that power? … could Congress impose any kind of registration requirement for any federal conviction?”
Justice Scalia asked: “I assume that applies to all Federal crimes, right? … can be subjected to whatever civil restraints Congress later decides?”
Justice Sotomayor later asked: “What’s promoted?”
Justice Sotomayor asked whether the United States is challenging the federal government’s power to impose registration as part of a federal sentence.
Justice Alito asked: “Is it your argument that Congress lacks the power to impose supervised release after the date when the person leaves the military?”
What the Court decided
Why it matters
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.
- c6fc69163e5c87b1ee28-r1-bcf1e11cd0e8876e.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.