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Smith, et al. v. John Doe I, et al. November 13, 2002 (01-729) return to case listing Case Summary In 1990, Respondents were released from Alaska prisons after serving terms for sexual abuse. John Doe I had spent five years in prison for abusing his young daughter. John Doe II was released after serving six years for abusing a 14 year-old girl. In 1994, Alaska lawmakers enacted the Sex Offender Registration Act. This Act requires sex offenders to register with law enforcement authorities and provides for public disclosure of information in the sex offender registry. Pursuant t o the Act, the state was to post the registry for public viewing. Respondents filed suit claiming that the Act was unconstitutional. The district court granted summary judgment for the state. On appeal, the Ninth Circuit held that the Act was unconstit utional as applied to Respondents because, in its application to those crimes committed before its enactment, the Act violated the Ex Post Facto Clause. The opinion of the Ninth Circuit Court of Appeals is found at 259 F.3d 979 (2001). To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Reverse 5-4 to Reverse 7-2 to Affirm 6-3 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Kennedy Rehnquist O'Connor Scalia Kennedy Souter Thomas VOTING TO AFFIRM Stevens Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens O'Connor Scalia Souter Thomas Ginsburg Breyer Stevens Ginsburg Breyer return to case listing