Gundy v. United States, presented to the Supreme Court today by Attorney Sarah Baumgartel, Federal Defenders of New York:
Sarah argued that her petitioner’s case, “Combines criminal law-making and executive power in precisely the way that the Constitution was designed to prohibit.” Justice Neil Gorsuch agreed saying Congress gave the attorney general a “blank check.” Justice Ruth Bader Ginsburg said that Gorsuch had concisely stated Baumgartel’s argument. Sarah joked she should end her arguments right there, saying “I’ll cede my time,” drawing laughs from the crowd. – The Hill
High praise from RBG. Doesn’t get any better than that!
Our niece-in-law Sarah Baumgartel brought a case to the Highest Court last year which was accepted to be heard. As Brett Kavanaugh awaits his fate in the wings for the 9th Supreme seat, Sarah will be center stage arguing her case before the current 8 Justices.
October 2. Gundy v. United States – The question before the Supreme Court in Gundy is whether SORNA’s (Sex Offender Registration and Notification Act) delegation of authority to the U.S. Attorney General to retroactively impose the law’s registration requirements violates the nondelegation doctrine. This rarely invoked constitutional principle prohibits Congress from delegating away its lawmaking power without an adequate guiding principle to rein in the delegatee’s exercise of independent decision-making.