AAC
retroactively to those convicted of sex offenses before SORNA was passed. Gundy is a sex offender convicted before the passage of SORNA who was charged with failing to register as a sex offender upon his release in 2012. Gundy argues that Congress’s delegation of au- thority to the Attorney General of whether and how to apply SORNA retroactively was a delegation of legisla- tive power to an executive office in violation of Article I.
• Timbs v. Indiana — While the Bill of Rights originally protected U.S. citizens from actions of the federal gov- ernment, since the 1920s the Court has found certain amendments also apply against state governments through the Due Process Clause of the Fourteenth Amendment, including the rights to free speech/exercise of religion, freedom from unreasonable search and seizure, prohibit- ing the taking of property without just compensation, and freedom from excessive bail and cruel and unusual punish- ment. However, the Court has never ruled that the Eighth Amendment’s prohibition against excessive fines applies to the states. Timbs pleaded guilty to dealing heroin, a charge with possible fines of up to $10,000. Te court ordered that he pay $1,200 in court costs, but no fines. Indiana has sought the civil forfeiture of Timbs’ Land Rover valued around $40,000. Timbs asks the Court to find that the for- feiture would be “grossly disproportionate” to the fine the court could have imposed, and prohibit the forfeiture by applying the excessive fines clause of the Eighth Amend- ment against the state.
• Gamble v. United States – Te Fifth Amendment’s prohi- bition against Double Jeopardy does not allow any person to be tried twice for the same offense, but in 1959, the Court found that since states and federal government are separately sovereign, this prohibition does not apply to charges for the same offense brought by state and federal governments separately. Gamble, a felon charged with possession of a handgun was sentenced to one year by the state and 46 months plus three years’ probation un-
LEGAL CORNER
der a federal charge. Gamble argues to the Court that his dual convictions violate the original intent of the Double Jeopardy clause of the Fifth Amendment.
• Tere are a couple of other cases worth noting that have pending petitions of certiorari filed with the Supreme Court, that are likely to be heard this term. Andersen v. Planned Parenthood of Kansas and Mid-Missouri/Gee v. Planned Parenthood of Gulf Coast are consolidated cases coming from the Fifth and Tenth Circuit Courts of Ap- peal, both addressing the issue of whether a state termi- nating their Medicaid agreements with Planned Parent- hood is a violation of an individual’s right to choose their own healthcare provider. In the Eighth Circuit, the court upheld Arkansas’s cancellation of their agreement with Planned Parenthood, concluding that federal Medicaid law created no individual entitlement that is enforceable in court, and that it was not clear that an individual has the right to challenge a state’s disqualification of a health provider. Te courts in the Fifth and Tenth Circuit dis- agreed, holding that federal Medicaid law requires states to allow Medicaid recipients to choose their healthcare providers. Te split circuits make this case likely to be taken up by the Supreme Court.
• Second, the Court is likely to hear arguments in Alti- tude Express Inc. v. Zarda. Tis is another split circuit case, with the issue being whether Title VII of the Civil Rights Act of 1964 protects employees from employer discrimination based on sexual orientation. In 1989, the Supreme Court ruled that Title VII protects employees from employer discrimination based on gender stereo- typing. Te courts in the Seventh and Second Circuit Courts of Appeal have ruled that gender-stereotyping and sexual-orientation discrimination should be treated similarly, both prohibited types of employer-discrimi- nation. However, the Eleventh Circuit reached the op- posite conclusion. Te split circuits make this a likely case for the Supreme Court to consider.
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