It looks the North Carolina Federal Public Defenders have scored a big victory against the civil commitment provisions of the Adam Walsh Act. This is a case I've blogged about before. Here is a snippet from the decision (assuming my transcription is correct):
Having carefully considered the arguments by all parties, the court concludes, for the reasons that follow, that the civil commitment provision of the Walsh Act is not a necessary and proper exercise of Congressional authority and that the use of a clear and convincing burden of proof violates the substantive due process rights of those subject to commitment under the statute.
You can download the whole decision here. I've only had a chance to scan through the decision and it has a lot of interesting stuff. I think the ruling is very significant and could set up a circuit split depending upon how the appeals move forward.
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