SMITH v. DOE

No. 01-729.

538 U.S. 84 (2003)

SMITH ET AL. v. DOE ET AL.

Supreme Court of United States.

Decided March 5, 2003.


Attorney(s) appearing for the Case

John G. Roberts, Jr., argued the cause for petitioners. With him on the briefs were Jonathan S. Franklin, Catherine E. Stetson, Cynthia M. Cooper, and Bruce M. Botelho, Attorney General of Alaska.

Solicitor General Olson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General McCallum, Deputy Solicitor General Dreeben, Patricia A. Millett, Leonard Schaitman, Mark W. Pennak, and Wendy M. Keats.

Darryl L. Thompson argued the cause for respondents. With him on the brief was Verne E. Rupright.*

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, and THOMAS, JJ., joined. THOMAS, J., filed a concurring opinion, p. 106. SOUTER, J., filed an opinion concurring in the judgment, p. 107. STEVENS, J., filed a dissenting opinion, p. 110. GINSBURG, J., filed a dissenting opinion, in which BREYER, J., joined, p. 114.


JUSTICE KENNEDY delivered the opinion of the Court.

The Alaska Sex Offender Registration Act requires convicted sex offenders to register with law enforcement authorities, and much of the information is made public. We must decide whether the registration requirement is a retroactive punishment prohibited by the Ex Post Facto Clause.

I

A

The State of Alaska enacted the Alaska Sex Offender...

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