October Term 2009 · Docket 08-1301
Does a sex offender's failure to register violate the law if the offense predates the statute?
The dispute centers on whether a person convicted before a new registration law applies must register under that law.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the side that brought the case's counsel argued ordinary words should receive their ordinary meaning.
The government's counsel argued the statute targets people who move after conviction.
Justices questioned whether the statute's sequence dictates a temporal order.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 17-23 — Transcript, file page 10, lines 17-23
- Official Supreme Court Transcript — file page 10, lines 27-41 — Transcript, file page 10, lines 27-41
- Official Supreme Court Transcript — file page 10, lines 3-5 — Transcript, file page 10, lines 3-5
- Official Supreme Court Transcript — file page 11, lines 29-41 — Transcript, file page 11, lines 29-41
- Official Supreme Court Transcript — file page 11, lines 51-7 — Transcript, file page 11, lines 51-7
- Official Supreme Court Transcript — file page 12, lines 11-11 — Transcript, file page 12, lines 11-11
- Official Supreme Court Transcript — file page 12, lines 15-19 — Transcript, file page 12, lines 15-19
- Official Supreme Court Transcript — file page 14, lines 29-45 — Transcript, file page 14, lines 29-45
- Official Supreme Court Transcript — file page 16, lines 11-23 — Transcript, file page 16, lines 11-23
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
- Official Supreme Court Transcript — file page 56, lines 11-13 — Transcript, file page 56, lines 11-13
- Official Supreme Court Transcript — file page 7, lines 39-45 — Transcript, file page 7, lines 39-45
- Official Supreme Court Transcript — file page 8, lines 7-13 — Transcript, file page 8, lines 7-13
A citizen's guide to the whole case
What this case is about
The case involves a man convicted of a sex offense before a federal registration law passed. He failed to register after the law took effect. The government charged him under the new statute. He argues the law does not apply to his past conviction.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
How the case got here
The Supreme Court heard oral argument in this case on February 24, 2010.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 56, lines 11-13 — Transcript, file page 56, lines 11-13
What each side wants
the side that brought the case wants the conviction overturned because the law did not exist when he committed the offense.
The government wants the conviction upheld because the failure to register occurred after the law passed.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
What each side says
the side that brought the case argues ordinary words in the statute imply a current requirement to register.
The government argues the statute's purpose is to catch offenders who move after conviction.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
What the justices asked
Justice Scalia asked if the statute's purpose covers an infant's transportation.
Justice Breyer asked if the statute aims to get unregistered people to register.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 17-23 — Transcript, file page 10, lines 17-23
- Official Supreme Court Transcript — file page 10, lines 27-41 — Transcript, file page 10, lines 27-41
- Official Supreme Court Transcript — file page 10, lines 3-5 — Transcript, file page 10, lines 3-5
- Official Supreme Court Transcript — file page 11, lines 29-41 — Transcript, file page 11, lines 29-41
- Official Supreme Court Transcript — file page 11, lines 51-7 — Transcript, file page 11, lines 51-7
- Official Supreme Court Transcript — file page 12, lines 11-11 — Transcript, file page 12, lines 11-11
- Official Supreme Court Transcript — file page 12, lines 15-19 — Transcript, file page 12, lines 15-19
- Official Supreme Court Transcript — file page 14, lines 29-45 — Transcript, file page 14, lines 29-45
- Official Supreme Court Transcript — file page 16, lines 11-23 — Transcript, file page 16, lines 11-23
- Official Supreme Court Transcript — file page 56, lines 11-13 — Transcript, file page 56, lines 11-13
- Official Supreme Court Transcript — file page 7, lines 39-45 — Transcript, file page 7, lines 39-45
- Official Supreme Court Transcript — file page 8, lines 7-13 — Transcript, file page 8, lines 7-13
Why it matters
This case defines who must register under federal sex offender laws. It clarifies the scope of criminal liability for past convictions. It affects how courts interpret statutory timing requirements.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 17-23 — Transcript, file page 10, lines 17-23
- Official Supreme Court Transcript — file page 10, lines 27-41 — Transcript, file page 10, lines 27-41
- Official Supreme Court Transcript — file page 10, lines 3-5 — Transcript, file page 10, lines 3-5
- Official Supreme Court Transcript — file page 11, lines 29-41 — Transcript, file page 11, lines 29-41
- Official Supreme Court Transcript — file page 11, lines 51-7 — Transcript, file page 11, lines 51-7
- Official Supreme Court Transcript — file page 12, lines 11-11 — Transcript, file page 12, lines 11-11
- Official Supreme Court Transcript — file page 12, lines 15-19 — Transcript, file page 12, lines 15-19
- Official Supreme Court Transcript — file page 14, lines 29-45 — Transcript, file page 14, lines 29-45
- Official Supreme Court Transcript — file page 16, lines 11-23 — Transcript, file page 16, lines 11-23
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 56, lines 11-13 — Transcript, file page 56, lines 11-13
- Official Supreme Court Transcript — file page 7, lines 39-45 — Transcript, file page 7, lines 39-45
- Official Supreme Court Transcript — file page 8, lines 7-13 — Transcript, file page 8, lines 7-13
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
- Official Supreme Court Transcript — file page 26, lines 39-23 — Transcript, file page 26, lines 39-23
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 55, lines 41-5 — Transcript, file page 55, lines 41-5
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.