Tuesday, June 10, 2008

Federal Lawsuits Against Adam Walsh Act

The Adam Walsh Act faces federal constitutional challenges. Two federal circuit courts, the 4th Circuit and the 11th Circuit, are now considering whether Congress violated the Constitution's commerce clause in passing the Adam Walsh Act because challengers allege it has no nexus with interstate commerce. U.S. v. Comstock, No. 06-hc-2195BR, and U.S. v. Powers, 07-cr-221KRS.

But it is Ohio that finds itself in the midst of a legal meltdown because of a shift in sex offender registration law. Ohio rushed to switch from a long-standing state offender registration program to the 2006 federal Adam Walsh Child Protection and Safety Act registration system.

This posting will be updated when more information is found regarding the federal cases.