On remand from the U.S. Supreme Court, a case over the implementation of the Sex Offender Registration and Notification Act has compelled the U.S. Court of Appeals for the Third Circuit to weigh in on an issue over which the circuits have split.
Although the Third Circuit punted on making a definitive choice for the appropriate standard of review under which agencies’ waiver of the notice-and-comment requirement of the Administrative Procedure Act is to be considered, the court did hold that the attorney general was so far removed from having good cause to waive that requirement when he extended SORNA retroactively to those who were convicted of offenses before the law’s 2007 enactment that it couldn’t weather even the most deferential standard of review.
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